Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 8, 13, 16 & 21---Eviction petition---Relationship of landlord and tenant---Tenant contended that court was bound to determine the relationship of landlord and tenant before making order of eviction---Validity---Tenant having not disputed arrears of rent or withdrawal of rent by landlord, could not seek decision on question of relationship---Defence of tenant was struck off for non-compliance of S.16(1) of the Sindh Rented Premises Ordinance, 1979---Judgments of court below did not suffer from any illegality---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: FAROOQ ALI CHANNA, J.--- The petitioner through this petition has called in question the judgment dated 28-7-2012 passed by learned VIth Additional District Judge, Karachi South (hereinafter referred to as Appellate Court) in F.R.A. No.79/ 2011 maintaining the order dated 20-2-2011 passed by learned Xth Rent Controller, Karachi South (hereinafter referred to as trial Court) in Rent Case No. 1637/2006 striking off the defence of the petitioner in terms of section 16(2) of the Sindh Rented Premises Ordinance, 1979, directing the petitioner to hand over the vacant and peaceful possession of demised premises bearing House No. A/820 situated in Street No. A/6, Mehmoodabad No.4, Karachi within sixty days to the respondent No.1. 2. I have heard learned counsel for both the parties and perused the record. Learned counsel for the petitioner read over the Trust Deed, averments of the ejectment application, its reply, facts narrated in the memo of first Rent appeal and has delivered lengthy arguments. However, the questions involved in this constitutional petition are to scrutinize the illegality or legal infirmity in the orders passed under section 16 subsection (1) or (2) of SRPO, 1979. It was the stance of learned counsel for the petitioner that the respondent No.1 has filed the ejectment proceedings without any lawful authority with ulterior motives to increase the monthly rent by passing the procedure provided under section 8 of SRPO, 1979, such demand of respondent being unlawful and unjustifiable was not accepted by the petitioner…

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