Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenants---Default in payment of rent---Scope---Contention of tenants was that landlady refused to accept the rent and even they sent the same through money order but same was also refused by her---Ejectment petition was accepted concurrently---Validity---Name of the person to whom money order was sent was not mentioned on the reverse of coupon of the same---No amount was mentioned on the coupon and same also did not show endorsement of postman for refusal of landlady---Tenant was bound to produce postman or any other person in evidence to prove the tender by money order that landlady had refused to accept the rent---In the absence of such evidence it could not be said that landlady had refused to accept the money order---Mere filing of receipt of remittance of money order could not be treated as authentic document---Tenant deposited rent with the Rent Controller without offering the same to the landlady, in circumstances, which would be treated as default in payment of rent on his part---Findings of the courts below did not suffer from any illegality or irregularity---Constitutional petition in such matters not to be entertained until and unless there was jurisdictional error committed by the courts below or exercise of jurisdiction was perverse or was in arbitrary manner and was based on ignorance of the material available on record or violation of any provision of law---Constitutional petition was dismissed. Muhammad Zaman v. Yaseen 1986 CLC 1282; Amin Master (Aminuddin) v. Abdul Rashid 1986 CLC 1551 and Habib Ahmed v. Liaquat Hussain PLD 1985 Kar. 741 distinguished. Muhammad Suleman v. Messrs Alvi Brothers 1991 CLC 1068; Muhammad Asif v. Shaikh Israr 2006 SCMR 1872 and Shakeel Ahmed's case 2010 SCMR 1925 rel. (b) Constitution of Pakistan--- ----Art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment petition--- Constitutional jurisdiction of High Court---Scope---Constitutional petition in such matters not to be entertained until and unless there was jurisdictional error committed by the courts below…

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