Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii),(vii)

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii) & (vii)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Default in payment of rent and bona fide personal need of landlord---Both Rent Controller and Appellate Court concurrently ordered ejectment of petitioner/tenant from premises in question---Both Courts were of the opinion that petitioner/tenant managed some false receipts for the period of default in question and those receipts had been discarded---Counsel for petitioner had failed to satisfy in respect of ground of default as burden to prove was upon the petitioner/tenant who failed to discharge; finding of Courts below in that respect against petitioner, was correct, in circumstances---Both Courts had given their findings in favour of respondent/landlord on the issue of personal need, as no adverse evidence was brought by petitioner/tenant against respondent and statement on oath given by respondent, was also not rebutted---Nothing was available to solicit interference of High Court in Constitutional petition---Petition was dismissed. PLD 1976 Kar. 966; PLD 1986 Kar. 184; 1991 MLD 1340; PLD 1991 SC 242; 1985 CLC 2552; 1987 CLC 1146; 1988 CLC 802; 1991, CLC 566 and 2003 CLC 278 ref. JUDGMENT MUNIB AHMED KHAN, J.---This Constitutional petition has been filed against the order dated 24-2-2006 passed by the Additional District Judge, Hyderabad in F.R.A. No.104 of 2004 whereby he has dismissed the appeal of the applicant and maintained the ejectment order dated 30-10-2004 passed by 2nd Rent Controller, Hyderabad. In brief the respondent filed ejectment application against the petitioner for his ejectment from Shop No.3 in property bearing No.D-2219 Resham Gali. The said application was filed by the respondent as co-owner and landlord within the meaning of Sindh Rented Premises Ordinance, 1979 on the ground of default alleging therein that the petitioner in November, 2001 agreed to purchase the said tenement under sale agreement but he failed to materialize the sale agreement and continued as tenant and paid rent uptil June, 2002 and thereafter committed default at Rs.700 per month till July, 2003 i.e. the date of…

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