Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,18,20

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,18,20

Law: Civil Procedure Code (V of 1908)

Section: O.XXII,R.4,O.XXIII,R.3

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15(2)(ii)(vii), 20 & 21---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on grounds of default in payment of rent and bona fide personal need of landlord---Ejectment application filed by the landlord against predecessor-in-interest of the petitioners on grounds of default in payment of rent and bona fide personal need had concurrently been allowed by the Rent Controller and Appellate Authority---Validity---Counsel for the petitioners had contended that as predecessor-in-interest of the petitioners having already expired, case filed against dead person was nullity in law which was liable to be dismissed only on that legal ground---Contention was repelled---No doubt the proceedings were filed against the predecessor-in-interest of the petitioners, who was not alive at the time of filing of proceedings, but on receipt of notice, the petitioners themselves appeared and joined in the proceedings to contest the same---Petitioners filed their written statements, attempted to controvert the grounds of ejectment raised in the case; and fully contested the matter till its adjudication---Order of ejectment passed by both the courts below, could not be termed as illegal as same had not been passed against the dead person---Rent Controller had discretion to follow any reasonable procedure as he deemed fit and appropriate in the circumstances to secure and achieve the ends of justice---During such course, even S.20 of Sindh Rented Premises Ordinance, 1979 did not restrict power of Rent Controller with regard to adoption of any procedure---Rent controller was not bound to invoke every provisions of C.P.C.---Petitioners themselves admitted the ownership of respondent/landlord over the demand premises---Petitioners could not challenge the ownership of the landlord/ respondent---No illegality, non-appreciation or misreading of evidence, nor any jurisdictional error was pointed out, warranting interference in extraordinary constitutional jurisdiction of High Court---Petition was dismissed. Mst. Afshan v. III Additional District Judge 2006 CLC 71 and Rashida Khatoon v. Syed Hamid Ali…

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