GOVERNMENT OF SINDH vs KHALILURREHMAN KHAN
This matter arises from a petition filed by the Government of Sindh against a judgment of the High Court upholding an order of the Provincial Mohtasib. The respondent's premises were taken over by the Education Department following the promulgation of Martial Law Regulation No. 118 in 1972. After earlier litigation establishing that the premises remained the property of the respondent, and subsequent dismissal of an eviction application due to statutory exemptions under rent laws, the respondent approached the Provincial Mohtasib. The Mohtasib ordered the payment of accumulated and future rent, and subsequently directed that the education department would be liable to eviction upon failure to pay. The High Court affirmed this order as binding because it was never challenged. The Supreme Court granted leave to appeal, holding that the contention regarding the legality of the Provincial Ombudsman's proceedings and eviction directions requires consideration, and ordered status quo to be maintained pending regular hearing.
- Whether the Provincial Mohtasib has the jurisdiction to order eviction in a matter concerning premises taken over under Martial Law Regulation 118?
- Whether directions for the payment of arrears of rent and subsequent eviction orders passed by the Provincial Ombudsman are void ab initio?
- Martial Law Regulation No. 118
' NAZIM HUSSAIN SIDDIQUI, J.---The petitioner herein was respondent before High Court. Respondent Khalil-ur-Rehman Khan's wife had let out a part of the demised premises to one Pakistan Progressive Education Society on a monthly rent of Rs,1,700 for running a school. Consequent upon promulgation of M.L.R. 118 in 1972, the entire building i.e, the part let out for running the school as well as the remaining portion in occupation of its owner, which was being used as residence, was taken over by the Education Department of the petitioner. The respondent approached High Court through C.P. No,D-1346 of 1974 and a -learned D.B. Vide judgment dated 12-10-1988, held that only the management of school could be taken over under M.L.R. 118 and the demised premises continued to remain property of the respondent. Since no rent was paid, the respondent filed an eviction application before Rent Controller, but the same was dismissed as premises of the schools and colleges, nationalised under M.L.R. 118, were exempted from operation of the Sindh Rented Premises Ordinance, 1979. Thereafter, respondent moved the Provincial Mohtasib by way of complaint, who passed an order dated 11-12-1997, directing that accumulated rent upto November, 1997 amounting to Rs,1,455,104 be paid to the respondent within 3 months and future rent be paid to him by 15 of every calendar month. This order was not complied with. However, later on arrears of rent were paid by the petitioner to the respondent.
2. It appears that Provincial Ombudsma n on said complaint passed an order that in case of failure of payment of arrears, as well as, future rent, the education department was liable to be evicted.
High Court held that above order was valid, binding and had to be given effect, as it was never challenged. It was also held that the petitioner could not escape liability from being evicted.
3. It is contended on behalf of the petitioner that proceedings before Provincial Ombudsman relating to eviction and even the direction for payment of arrears of rent were totally misconceived and the order passed by him in that regard is void ab initio and of no legal effect.
4. Above contention requires consideration. Leave to appeal is granted. Status quo be maintained till final disposal of this appeal, which shall be fixed for regular hearing within 6 months.