Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,16(2)

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.15 & 16 (2)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Striking off defence---Tentative rent order, non-compliance of---Tenant had been depositing rent in another case and Rent Controller directed tenant to withdraw that rent and deposit the same in court---Tenant failed to comply with tentative rent order passed by Rent Controller, which was specific and unambiguous and failed to withdraw rent deposited in another case and deposit the same in the case---Tenant also failed to deposit future rent---Rent Controller struck off defence of tenant---Validity---Tenant violated tentative rent order and such violation could not be termed due to any misunderstanding or as a result of bona fide mistake---Rent Controller had rightly struck off defence of tenant as he deliberately did not comply with tentative rent order---Tenant failed to make out any ground for invoking constitutional jurisdiction of High Court---Petition was dismissed in circumstances. Ashiq Ali and another v. Mehar Elahi and 13 others 2001 SCMR 130; Hussain Trading Co. v. Messrs Jalal Brothers (Pvt.) Ltd. 1993 CLC 2391 and Muhammad Hanif v. Mohammad Muslim 1997 CLC 1491 ref. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- By this order I would like to dispose of this constitutional petition preferred against the judgment dated 31-5-2011 passed by the 1st Additional District Judge, Karachi Central in F.R.A. No.69 of 2010 whereby the order passed by the IIIrd Senior Civil Judge and Rent Controller Karachi Central on an application under section 16(2) of the Sindh Rented Premised Ordinance, 1979 was maintained whereby the petitioner tenant was directed to vacate the demised premises i.e. Shop No.1 constructed on Plot No.24, Sub-Block-E, Block No.III, Gole market Nazimabad, Karachi within thirty days. 2. The facts of the case are that the petitioner tenant is that the respondent No.1 landlord filed eviction application against the petitioner on the ground of default in payment of rent since November, 1986 as well as for his personal bona fide need and of his son. The case of the petitioner is…

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