Law: Sindh Rented Premises Ordinance, 1979

Section: 15,21

Law: Sindh Civil Court Rules,

Section: 323,329,331

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.15 21---Ejectment of tenant---Default in payment of rent---Appellate Court, jurisdiction of---Scope---Rent Controller dismissed eviction petition only on the ground of maintainability but Appellate Court allowed the same on the ground of default in payment of rent---Validity---Rent Controller had dismissed eviction petition being not maintainable---Appellate Court should have decided appeal on the question decided by the Trial Court and not on the question which was not decided by it---Right of appeal of aggrieved party due to assuming jurisdiction of Trial Court by the Appellate Court had been curtailed---Tenant had been deprived of a right of an appeal as far as the findings of the Appellate Court on default in payment of rent was concerned---Eviction petition was remanded to the Rent Controller for a decision on merits including ground of default---Constitutional petition was allowed, accordingly. (b) Sindh Civil Courts Rules--- ----Rr.323, 329 331---Time requisite for obtaining copy---Exclusion of---Appeal---Condonation of delay---Scope---Applicant was to be intimated with regard to preparation of copies of order or ---List of such orders or s, copies of which were ready for delivery, should be pasted on the notice board of the Record Keeper---Notice in the present matter was not issued to the applicant who had applied for certified copies of order---Time requisite did include the time till it was intimated to applicant with regard to preparation of certified copy---Applicant in the present case was never intimated with regard to the fact that certified copy of order was ready on a date prior to the date it was received---If time was calculated and the requisite time was included in the time till it was intimated and in its absence till receipt of copy then such time should be excluded as being requisite time---Appeal was filed within time, in circumstances. Muhammad Nawaz v. Abdus Salam PLD 1997 SC 563; Mian Muhammad Sabir v. Malik Muhammad Sadiq PLD 2008 SC 577 and Anisa Begum v. Atiq ur Rehman 2007 MLD 1385 distinguished. West Pakistan Industrial Development Corporation Karachi v. Aziz Qureshi…

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