Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 10,15,18,21

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S.21 --------- Constitution of Pakistan, Art.199 --------- Constitutional petition --------- Application for ejectment of tenant by landlord after change of ownership from his father --------- Rent Controller allowed the ejectment application of the landlord on the grounds of default in payment of rent, subletting and personal bona fide need --------- First appeal filed by the tenant was allowed by the appellate court --------- Conflicting s of the lower courts --------- Effect --------- Even if there were not concurrent findings of fact, if the findings of the appellate court did not suffer from any jurisdictional error or any illegality, the appellate order shall not be open to challenge in constitutional petition on the ground that there was no concurrent finding of fact --------- No illegality, misreading or non-reading of the evidence was found in the of the appellate court --------- Constitutional petition was dismissed. (b) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 18 --------- Default in payment of rent --------- Notice of change of ownership --------- No notice under S. 18 of the Sindh Rented Premises Ordinance, 1979 was given by the landlord to the tenant regarding change of ownership --------- Effect --------- No such provision existed in the Sindh Rented Premises Ordinance, 1979 which permited a landlord to inform his tenant about change in ownership of the rented premises verbally, therefore, it was required that notice under S. 18 of the Ordinance was given by the landlord to the tenant. (c) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------Ss. 10 & 15 --------- Default in payment of rent --------- Landlord had himself admitted during cross-examination that rent in the first instance was sent to the landlord through money order, but he refused to accept the same --------- Effect --------- No default in payment of rent was committed by the tenant in circumstances. (d) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 15 --------- Bona fide personal need of landlord --------- Subletting of demised premises to…

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