Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8 & 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Tenant failed to pay enhancement of rent as required by the provisions of Sindh Rented Premises Ordinance, 1979---Fair Rent, fixation of---Validity---Fixation of fair rent was not automatic but was to be fixed by Rent Controller on an application by the landlord or the tenant, on the basis of factors mentioned in clauses (a) to (d) of S.8 of Sindh Rented Premises Ordinance, 1979---In the present case, neither any application was filed by the landlord for fixation of fair rent nor any order had been passed by the Rent Controller therefor---No default in payment of rent was committed by the tenant. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment proceedings---Changing stance by landlord---Effect---Ejectment order passed by Trial Court was reversed by Appellate Court---Validity---Landlord in earlier round of litigation sought eviction of tenant on the ground that he needed property for construction of house on the first floor but in the present case the stance was changed and it was stated that a medical consultancy centre would be built on the shops---Validity---First case was filed on the ground of personal bona fide use of shops, however, in the second round of litigation, the stance had been changed and the shops were sought for re-construction---Grounds of personal need and reconstruction of house taken by landlord were contradictory to each other---Judgment of Appellate Court reversing the ejectment order of Trial Court was upheld. Abdul Ghaffar through L.Rs. v. Ghulam Muhammad and others 2005 YLR 313 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Scope---Ejectment proceedings---Conflict of between the Trial Court and Appellate Court---Rent Controller decided the issue in favour of the landlord while Appellate Court reversed the same and decided in favour of tenant---Judgment of Appellate Court would be preferred unless…

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