Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Constitution of Pakistan, Art. 199---Constitutional petition---"Technical defeault"---Scope---Tenant (petitioner) impugned the orders of courts below which concurrently ordered ejectment of tenant on ground of default in payment of rent---Contention of the tenant was that no wilful default was ever committed by her---Validity---Prima facie, it appeared from record that Rent Controller had clearly directed tenant to deposit future rent with the nazir of the Court before the 10th of each English Calendar month, which the tenant deposited on 8-4-2012 and again on 6-8-2012 after almost three months, which showed mala fide of tenant and same could not be termed as "technical default"---Technical error could be curable, but not the illegal error---No illegality was found in orders of the courts below---Constitutional petition was dismissed, in circumstances. Syed Ahsan Ali v. Jaffar Ali PLD 1964 (W.P.) Kar. 418; Khair Muhammad Nizamani v. Abdul Quddus PLD 1965 (W.P.) Kar. 367 and Tariq Bari and another v. The IVth Additional District and Sessions Judge 2010 YLR 3279(2) ref. Ashiq Ali v. Mehar Elahi 2001 SCMR 130 rel. (b) Administration of justice--- ----Technical error can be curable, but illegal error cannot. THIS ORDER PASSED BY: HABIB-UR-REHMAN SHAIKH, JUSTICE:---.--- The petitioner, through this Constitutional Petition, has challenged the order dated 25-1-2012 passed by the learned IIIrd Additional District and Sessions Judge, Karachi East in F.R.A. No.82 of 2011 whereby the learned Appellate Court dismissed the Appeal of the petitioner andupheld the order dated 14-3-2011 passed in Rent Case No.257 of 2009 by the learnedVIth Rent Controller, Karachi East, who while dismissing the said Rent Case, directed the petitioner to vacate the premises bearing Flat No.2, 1st Floor, Nasim Plaza, Plot No.375, Garden West, Nishter Road, Karachi and hand over its peaceful vacant possession to the respondents within a period of 30 days from the date of this order. Hence this petition. Briefly the facts leading to the case are that the respondents Nos.1 and 2 are the owners and landlords of the Building known as…

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