HUKUM KHAN Versus PAKISTAN STEEL

1. SALEEM AKHTAR, J. --The respondent filed an application for ejectment against the petitioner on the ground of default in payment of rent. On an application filed under Section 16(1), Sind Rented Premises Ordinance 1979 the respondent No .2 passed the impugned order directing the petitioner to deposit rent at the rate of Rs.1,100 per month from 1-7-1982 till the date of the order in 14 equal monthly instalments and future rent was also ordered to be paid. The main ground for challenging this order is that it is without jurisdiction as the petitioner c6uld not have been ordered to pay rent beyond the period of three years from the date of filing of the ejectment application.

2. The ejectment application was filed in early 1988 and therefore the order for deposit of rent from 1982 upto 1985 was manifestly wrong and illegal. Similar order was passed by the Controller against the other tenants which was challenged in Constitution Petition No.D-110/1989 Haji Muhammad Alam Baluch v. Pakistan Steel Mill and another. In this judgment after considering various authorities it was held that the order directing the petitioner to pay rent beyond the period of three years was without jurisdiction and consequently similar order was set aside. We respectfully agree with the judgment passed in this petition and declare that the impugned order has been passed without lawful authority and is of no legal effect. We direct the Controller to pass a fresh tentative order for deposit of rent in accordance with law. The petition is disposed of in these terms.

3. MYH/H-169/K

4. Petition allowed.