Law:

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Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.2(i) & 15---Constitution of Pakistan, Art.199--.Constitutional petition---Eviction of tenant on ground of default in payment of rent---Concurrent dismissal of the case of landlord---Contention of the petitioner(landlord) was, inter alia, that the tenant (respondent) had failed to pay the water and sewerage charges--Validity---"Rent" included water charges, electricity charges, and such other charges which were payable by the tenant which were still unpaid---Tenant, despite specific allegation of non-payment of water and conservancy charges by the tenant, did not deny or answer such allegations that water and conservancy charges were part of "rent" as per S. 2(i) of the Sindh Rented Premises Ordinance, 1979---Courts below had misread the evidence and their findings were set aside---Tenant was directed to vacate the premises in circumstances---Constitutional petition was allowed, accordingly. Muhammad Sharif and another v. Muhammad Afzal Sohail , and others PLD 1981 SC 246; Mst. Mussarat Begum v. Muhammad Sultan and 3 others 2009 YLR 474 and Muhammad Latif v. District Judge Karachi (South) and others 2009 YLR 2234 distinguished. JUDGMENT SALMAN HAMID, J.---Per learned counsel for the petitioner, deceased Mst. Sadia Ashraf preferred Rent Case No.691 of 1996, (Rent Case) against Bombay Furniture Mart (respondent No.2) for eviction on the grounds of personal bona fide need and default. Rent case was dismissed by the VIII-Rent Controller Karachi; East, (Rent Controller) in terms of Order dated 31-1-2000. (Order) First Rent Appeal No.268 of 2000. New First Rent Appeal No.512 of 2001 (FRA) was preferred, which too, in terms of Judgment dated 6-1-2003, (Judgment) was dismissed by the District Judge, Karachi, East (DJ East). This Constitutional Petition, '(Petition) is an outcome of Order and the Judgment. 2. It was asserted by the learned counsel for the petitioner that the two courts below failed to appreciate that the petitioner was the owner of Shop No.1, Plot No.5/D, Nursery, Block-VI, Commercial Area PECHS, Karachi, (Demised Shop) and therefore deceased Mst. Sadia Ashraf was entitled to have possession…

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