Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1078. In this matter between Const. P. 465/2026 (S.B.) Sindh High Court, Karachi - Mr. Zahid Khan & another (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 465/2026 (S.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1078 PARTIES: Mr. Zahid Khan & another (Petitioner) ORDER DATE: 11-MAY-26 BENCH: Hon'ble Mr. Justice Muhammad Saleem Jessar(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH KARACHI

Const. Petition No. S-465 of 2026 __________________________________________________________________ Date Order with signature(s) of Judge(s)

Fresh case 1. For orders on CMA No.3365/2026 (Urgent Application) 2. For orders on office objection No.1 as at flag ‘A’ 3. For orders on CMA No.3366/2026 (Exemption Application) 4. For orders on CMA No.3367/2026 (Stay Application) 5. For hearing of main case

11.05.2026 Mr. Muhammad Mushtaq Qadri, Advocate for the petitioner assisted by Mr. Naveed Ahmed Bhughio, Advocate -------------------

1. Urgency granted. 3. Exemption granted subject to all just exceptions. 24&5. Through this petition, the petitioner has assailed the order dated 28.04.2026, whereby learned Rent Controller closed the side of defence of the petitioner/tenant without assigning any reason. He further maintained that the application filed by the petitio ner was also dismissed vide order dated 28.02.2026. Learned counsel further submits that today the matter is fixed for final arguments; however, the Court below has neither recorded evidence of either side nor afforded the parties an opportunity to lead their evidence, and has hastily proceeded to decide fate of the case finally. The case diaries annexed with the file support the contention of the learned counsel. Mr. Muhammad Kamran, learned AAG, present in Court in connection with some other cases, waives notice and submits that it would be appropriate for the parties to lead their evidence and thereafter the Trial Court/Rent Controller to decide the fate of the case instead of depriving the petitioner as well as the other side of their right to put forth their defence. Admittedly, no final judgment has yet been passed, nor has evidence of either side been recorded. Therefore, the order dated 28.04.2026 passed by the learned Trial Court/VIII th Senior Civil Judge/Assistant Sessions Judge and Rent Controll er, Karachi -West, in Rent Case No.279 of 2024, being arbitrary and contrary to law, is liable to

CP No.S-465/2026 -2-

be set aside. Accordingly, this petition, in view of the above legal position, is hereby allowed, and the impugned order is set aside. The Trial Court is directed to record the evidence of both sides after examining their documents and thereafter decide the Rent Application strictly in accordance with law within a period of two months. In case any party seeks adjournment on a flimsy ground, the same shall not be entertained. The learned Trial Court is further directed to proceed with the matter on a day-to-day basis.

Judge Head of Const. Benches

B-K Soomro

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