| Citation(s) |
|---|
| 2017 SLG 2038 2017 SLD 2038 2017 MLD 2074 |
Sindh High Court
C.P. No. S-256 and M.A. No. 1092 of 2014, decision Date : 08-12-2014, hearing Date : 09-09-2014.
ABDUL RASOOL MEMON, JUSTICE
Javed Ahmed Rajput for Petitioner. Mrs. Razia Danish and Mrs. Danish Hussain for
Respondent No. 1.
C.P. No. S-256 and M.A. No. 1092 of 2014, decision Date : 08-12-2014, hearing Date : 09-09-2014.
ABDUL RASOOL MEMON, JUSTICE
Javed Ahmed Rajput for Petitioner. Mrs. Razia Danish and Mrs. Danish Hussain for
Respondent No. 1.
SYED FAHIMUL HASSAN
VS
KHAWAJA MOHSIN ALI AND 2 OTHERS
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 16---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Summary inquiry---Procedure---Tentative rent order, non-compliance of---Striking off defence---Scope---Tenant did not comply with the order of Rent Controller with regard to payment of arrears of rent and his defence was struck off and eviction petition was accepted---Validity---Summary inquiry was conducted by the Rent Controller whereby tenant was called upon to explain as to the alleged default in payment of rent---No foundation had been laid for requiring the Rent Controller to record any evidence before passing of tentative rent order---Rent Controller had placed a condition that disputed portion of rent would not be withdrawn by the landlord---Tenant deposited the rent for the month of August 2013 after delay of three days for which no proper and cogent reason was offered---Tenant had been depositing the rent before the Rent Controller which was nothing but mala fide act just to put the landlord under pressure---No illegality or arbitrariness was found in the impugned order/ ---Constitutional petition was dismissed, in circumstances. Muhammad Nawaz v. Muhammad Hayat 1996 MLD 1895; Dr. Riaz Ahmed v. Sabir Ali Dhojani PLD 1994 Kar. 446; Tabassum Iqbal Sheikh v. District and Sessions Judge and others 2007 CLC 546; Fatima Gul v. Saeed Akhtar PLD 2005 SC 34; M.H. Mussadaq v. Muhammad Zafar Iqbal 2004 SCMR 1453 and Mushtaq Hussain v. Muhammad Shafi 1979 SCMR 496 ref. Muhammad Nawaz v. Muhammad Hayat 1996 MLD 1895 and Dr. Riaz Ahmed v. Sabir Ali Dhojani PLD 1994 Kar. 446 distinguished. Tabassum Iqbal Sheikh v. District and Sessions Judge and others 2007 CLC 546 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- This constitution petition has been directed against the judgment dated 13.02.2014 passed by learned IIIrd Additional District Judge, Karachi (East) in F.R.A. No. 71 of 2013 upholding the order dated 22.7.2013 passed by IXth-Rent Controller, Karachi (East) in Rent Case No. 125 of 2013, whereby the application filed by the…
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