Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15(2)---Default in payment of rent---Proviso to S.15(2) of Sindh Rented Premises Ordinance, 1979---Object---Object of legislature for enactment of proviso to S.15(2) of the Ordinance, was to avoid multiple litigations between the parties and to resolve the dispute of default in payment of rent at initial stage of the proceedings so as to avoid the abuse of lengthy procedure. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Default in payment of rent---Tentative order---Rent Controller passed the order on interlocutory application, which being tentative in nature, interference was to be discouraged by the High Court in its constitutional jurisdiction, however, in exceptional circumstances jurisdiction under Article 199 of the Constitution could be invoked to avoid abuse of process of law and grave injustice to a party and to redress grave illegality. JUDGMENT FAROOQ ALI CHANNA, J.---The petitioner through the instant constitution petition has called in question the order dated 12-11-2011, passed by learned IInd Senior Civil Judge/Rent Controller, Karachi (East) (referred to hereinafter as Rent Controller) in Rent Case No.303 of 2011 (Mrs. Begum Narjis Zaidi v. Mr. Syed Mansoor Sadiq Zaidi), dismissing the application filed by the petitioner, under the proviso to section 15(2) of Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as Ordinance, 1979). 2. Concisely facts of the case are that the respondent filed ejectment application under section 15 of Ordinance, 1979, seeking eviction of petitioner from tenement i.e. 1st and 2nd floor, constructed on Plot No. ST-15/C Block-4, Shah Faisal Colony, Karachi on the (7 ground of default in payment of rent for the period of three months commencing from 1st June, 2011 and municipality civic charges of Rs.10,121. 3. In pursuance to notice the petitioner appeared before the Rent Controller and filed application under the proviso to section 15(2) of Ordinance, 1979 along with a cheque of Rs.27,000 to be drawn from National Bank of Pakistan, admitting the…

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