1. ' AHMED ALI M. SHAIKH, J.---Through this common judgment I intend to dispose of C.Ps. Nos.S-373 and 384 of 2010 as both arise out of same judgment dated 19-2-2010, passed by Ist Additional District Judge, Karachi East, in FRA No,293 of 2009.
2. The petitioner Mrs. Asma Hasan in C.P. No,S-384 of 2010 has prayed as under:--
(i) It is therefore prayed that this Honorable Court may be pleased to admit the petition and may further be pleased to call for the record and proceedings of rent case No,24 of 2009 from the IIIrd Rent Controller Karachi East and Exe. No,25 of 2009 and F.R.A. No,293 of 2009 from the learned 1st Additional District Judge Karachi East and also maintain the order passed by 1st Additional District and Sessions Judge Karachi and allow the petition and further requested to direct IIIrd Rent Controller Karachi East not to harass petitioner through bailiff and stop execution proceedings and there is no arrear against the petitioner. Prayer is in the larger interest of future of the students who are studying in the premises.
(ii) Any other relief(s).
3. ' From the pleading it appears that respondent No,1 filed a Rent Case No,24 of 2009 before IVth Rent Controller Karachi East. On 28-7-2009 Rent Controller passed the order on application under section 16(1) of Sindh Rented Premises Ordinance, 1979 whereby the petitioner was directed to deposit the rent arrears amounting to Rs,1,88,190 and Rs,36,432 within 30 days. The petitioner was further directed to deposit further rent at the rate of Rs,60,094 p.m. On or before 10th of each calendar month but she failed to comply with the orders of the Rent Controller. It appears that the petitioner did not deposit rent arrears nor monthly rent in terms of order dated 28-7-2009.
4. Ultimately on 29-10-2009 the defence of the petitioner was struck off and she was directed to hand over the vacant possession of the premises to respondent No,1 within 30 days.
5. ' The petitioner impugned the aforesaid order through FRA No,293 of 2009. It is pertinent to mention there that even after filing the said FRA the petitioner did not deposit the rent arrears as well as monthly rent in terms of order dated 28-7-2009. On 18-2-2010 the appellate Court dismissed the appeal but granted one year's time to the petitioner for vacating the premises in question on the ground that there are so many students enrolled in the rented premises and their forms have been forwarded to the Board of Secondary Education.
6. ' Mr. Saathi M. Ishaque, learned counsel for the petitioner contended that the impugned order dated 29-10-2009 passed by the Rent Controller is a result of surmises and conjectures as such being contrary to the law is liable to be set aside. He further contended that the learned appellate Court as well as the Trial Court were under legal obligation to adjudge and appreciate the evidence placed on record by the petitioner through documents as well as oral evidence which was erroneously overlooked, therefore, both Courts below have failed to give just and fair decision.
7. He further contended that the petitioner is not defaulter and she is continuously depositing the rent. He further went on to say that respondent No,1 has utilized her residential building into commercial one without paying any tax and she is harassing to the petitioner in order to compel her to vacate the school. He lastly contended that the appellate Court has granted one year time which may be extended upto two years.
8. ' On the other hand, Ms. Firdous Fareedi, learned counsel for respondent No,1 contended that the position is not maintainable against the judgment dated 18-2-2010, passed by the appellate Court.
9. She further contended that in fact the petitioner did not press FRA No,293 of 2009 as before announcement of judgment on 17-2-2010 she moved an application before the appellate Court with a prayer that she may be granted one year's time for vacating the premises in question, therefore, the petitioner cannot call in question the judgment passed by the appellate Court.
10. ' Heard learned counsel for the parties and perused the material available on record.
11. ' On 13-3-2010, Mrs. Kausar H. Hamid, petitioner in C.P. No,S-373 of 2010, sent a complaint application to the honorable Chief Justice of Pakistan as well as to the honorable Chief Justice of Sindh High Court, wherein she stated that in FRA No,293 of 2009 a false case diary. For 17-2-2010 was maintained by 1st Additional District Judge, Karachi East, whereby application of the tenant has been taken on record after completion of hearing. She further alleged that on 15-2-2010 the above appeal was fixed for announcement of the order but instead of announcing the order on 15-2-2010, 1st Additional District Judge, Karachi East, kept lingering on the matter and on 17-2-2010, he created a false case diary in order to accept an application from the tenant and announced his order on 18-2-2010 while using his powers arbitrarily and unjustly without any consideration to the facts and evidence on record and without providing opportunity to the landlord whereby he arbitrarily granted one year's time to the tenant for vacating the premises in dispute without issuing any direction with regard to the outstanding rent arrears and future rent.
12. ' The above complaint was sent to the learned District and Sessions Judge, Karachi East, for enquiry and report. Per orders of my learned brother Mushir Alam, J. Ultimately same complaint was converted into petition. In compliance of the order dated 25-3-2010 learned District and Sessions Judge, Karachi East, has submitted enquiry report.
13. ' Upon a perusal of the enquiry report it appears that on 11-2-2010 the arguments of both sides were heard and FRA No,293 of 2009 was put off to 15-2-2010 for judgment. On 15-2-2010 for want of time judgment was not announced and same was adjourned to 17-2-2010. On 17-2-2010 appellant (tenant) filed an application for grant of one year's time to vacate the tenement. Instead of passing any order the learned Additional District Judge merely written the words "keep it on record" and matter was adjourned to 18-2-2010 for want of steno and ultimately on 18-2-2010 learned appellate Court dismissed the appeal on merits but granted one year's time to the appellant (tenant) for vacating the premises. It is worthwhile to mention here that the appellate Court did not issue any notice to the other side nor provided any opportunity to the landlord, not only this but the judgment is silent with regard to the rent arrears as well as future rent thus he had pleased the appellant (tenant). Learned District and Sessions Judge has concluded his enquiry in following words:-- "From the bare reading of the judgment and keeping on record for grant of one year's time for vacating the premises to the appellant tenant without notice and or hearing the other side on the application any one can opine that the learned Judge has failed to dispose of the appeal with judicial mind and would not feel any hesitation to say that the integrity of the learned Judge is questionable in such circumstances."
14. ' Upon a perusal of the enquiry report, I am clear in my mind that the Presiding Officer of the appellate Court has accommodated the appellant (tenant) by ignoring the well settled principles of law and his such conduct creates doubt about his integrity.
15. ' During the course of arguments when learned counsel for the petitioner in C.P. No,384 of 2010 was confronted with the enquiry report conducted by the learned District and Sessions Judge, Karachi East, he could not offer any explanation. However he contended that tenant (petitioner) be granted one year's time for vacating the premises in question.
16. 'From the order passed by the Rent Controller as well as judgment of the appellate Court it is crystal clear that the tenant petitioner Mst. Asma Hasan has miserably failed 'to comply with the orders of the Rent Controller with regard to the rent arrears as well as future rent, not only this but she has obtained the one year's time for vacating the premises in very mysterious circumstances.
17. ' For the foregoing reasons. C.P. No,S-384 of 2010 was dismissed by my short order dated 19-5-2010.
18. However the petitioner shall vacate the premises within 30 days and hand over the same to the respondent No,
1. With the above observation C.P. No,S-373 of 2010 is also disposed of.