Law: Limitation Act, 1908

Section: 5

Law: Limitation Act, 1908

Section: 5

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 22---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Stay of execution proceedings---Ejectment application filed by landlord was allowed by Rent Controller and appeal against eviction order was dismissed for non-prosecution--Tenant filed application for restoration of appeal but in the meanwhile landlord filed execution proceedings--Plea raised by tenant was that during pendency of application for restoration of appeal, eviction order could not be executed---Validity---Numerous opportunities were provided to tenant either to argue the case or to produce any stay order but he failed to comply with any of such conditions---High Court did not find any merit in the petition as tenant was just lingering on the matter---Constitutional petition was dismissed in circumstances. Mst. Halima Tahir and others v. Mst. Naheed Ejaz and others 2010 MLD 554 ref. Mehmood Habibullah for Petitioners. Nemo for Respondents Nos.1 and 2. Mrs. Muqeema Alam for Respondent No.3. Date of hearing: 2nd February, 2011. JUDGMENT IRFAN SAADAT KHAN, J.--- Through this petition the petitioner has sought the following reliefs:--- (i) To direct the respondent No.1 to decide the application for restoration dated 1-7-2010 filed by the petitioner in F.R.A. No.101 of 2006 within 15 days on merits and (ii) To direct the respondent No.1 to stay the Execution No.5 of 2007 proceedings till the final order as defined in the provisions of section 22 of the Sindh Rented Premises Ordinance is passed in F.R.A. No.101 of 2007 in the interest of justice. 2. Facts of the case, relevant for the purpose of this petition, are that the petitioner is the tenant of respondent No.3 in respect or Shot No.3, C-20, Rizvia Cooperative Housing Society, Karachi at a monthly rent of Rs.600. The respondent No.3 filed Rent Case No.383/2001 on the ground of personal bona fide need which was allowed vide order dated 15-4-2004. The petitioner challenged this order in F.R.A. No.79/2004 which was allowed and the case was remanded to the Rent Controller for re-writing the judgment after giving opportunity to the parties. The learned…

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