Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,10,21,2(f)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15, 10 & 21---Constitution of Pakistan, Art.199---Constitutional petition--Application for ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Appeal---Limitation---Scope---Tenancy agreement existed between the parties---Petitioner-company was tenant of respondent and was bound to pay rent with regard to demised premises---Tenant had failed to pay rent to the landlord and had committed wilful default in payment of monthly rent---Appeal was to be filed within 30 days but tenant wasted 62 days in obtaining certified copy---Tenant was not justified to place the landlord in a nuisance or inequitable situation by taking advantage of possession obtained by him in his capacity as a tenant---Once the relationship of landlord and tenant was established then during the occupancy of tenancy agreement, tenant would be deemed estopped from challenging the entitlement of landlord with regard to receipt of rent or otherwise---Once a tenant would remain always a tenant---Constitutional petition was dismissed in circumstances---Tenant was allowed three months time to vacate and hand over peaceful possession of the demised premises to the landlord subject to regular payment of monthly rent and utility bills if any. Mirza Muhammad Ishaq and others v. Additional Settlement Commissioner Land and others 2005 SCMR 973; Shujahat Hussain v. Muhammad Habib and another 2003 SCMR 176; Mst. Enid Najmuddin and 2 others v. Surriya Mall and others 2011 CLC 1862; Ellahi Bakhsh and others v. Ahmad Bakhsh and others 2012 MLD 1308; Safdar Bugum and 2 others v. Amir Ali Tabrezi 1985 CLC 836; Mst. Noori and another v. Ghulam Muhammad 1989 CLC 797; West Pakistan Industrial Development Corp., Karachi v. Aziz Qureshi PLD 1973 SC 222; Messrs A.C.E. Enterprises through Khalid Pervez v. Addl District Judge, Lahore and others 1987 SCMR 1174; Mukhtiar Ahmed v. IIIrd Additional District Judge 2004 MLD 713; Civil Aviation Authority v. Messrs Providence Aviation (Pvt.) Ltd. 2000 CLC 1722; Kundal Khan v. Agha Jan PLD 1990 Pesh. 21; Afzal Ahmed Qureshi v. Mursaleen 2001 SCMR 1434 and…