Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,16,16(1)(2)

Law: Limitation Act, 1908

Section: 5,3

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 16---Limitation Act (IX of 1908), Ss. 5 & 3---Ejectment petition---Defence, striking off--- Review, jurisdiction of---Dismissal of appeal filed after period of limitation---Condonation of delay---Sufficient cause---Scope---Petitioner/tenant was aggrieved of Rent Controller's order whereby it struck off his defence and dismissed two applications for review---Appellate Court dismissed the appeal, being barred by time---Plea of petitioner was that limitation did not run against void ab initio orders---Validity---Rent Controller had no power to review his order---Rent Controller had rightly passed a judicial order on the application under S. 16(2), Sindh Rented Premises Ordinance, 1979 since it was within its power to pass such order---Petitioner, had not taken the plea, before the appellate court, that limitation was not applicable as order was void ab initio---Only ground raised before the Appellate Court was that petitioner was out of city, hence the delay, such was not a sufficient ground---Use of word "shall" in S.3 of Limitation Act, 1908 made it mandatory for the court to dismiss the appeal which was filed after lapse of prescribed period of limitation---Constitutional petition was dismissed. Mst. Parveen Begum v. Habib Gul and another 1997 MLD 2473 distinguished. THIS ORDER PASSED BY: NAZAR AKBAR, J.--- Listed application is dismissed in limine as not maintainable. The instant petition is arising out of rent proceeding in which the applicant/intervener was not party. If he has acquired any rights in the tenement, his right will be determined in Civil Court independent to the finding of default committed by the petitioner and fate of the instant petition. 2&3 This constitution petition is directed against the two orders, the first order is an order of Rent Controller dated 09.9.2016 on an application under Section 16(2) of Sindh Rented Premises Ordinance, 1979 (SRPO, 1979) in Rent Case No.467/2014 whereby petitioners' defense was struck off and his two other applications for review of the order under Section 16(1) of SRPO, 1979 were also dismissed. The petitioner was given 30 days'…

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