Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,15(2)(ii)

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)(ii), proviso---Ejectment of tenant---Default in payment of rent--Subsequent payment---Effect---Petitioner / tenant claimed that subsequently it paid the rent due, therefore, there was no default under proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979---Validity---Provision of proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979 was available, where sole ground in rent application against tenant was default and the tenant on the first day of hearing had admitted his liability to pay---Rent Controller was to satisfy that tenant had not made such default on any previous occasion and the default was not exceeding six months---Only if such conditions were met, the Rent Controller was mandated to direct tenant to pay all rent claimed on a date to be fixed by Rent Controller, thereafter he was mandated to dismiss the rent application---High Court declined to interfere in eviction orders passed by two Courts below, as subsequent tender of rent by petitioner / tenant did not extinguish the default---Constitutional petition was dismissed, in circumstances.Allies Book Corporation v. Sultan Ahmad and others 2006 SCMR 152; Shajar Islam v. Muhammad Siddique and 2 others PLD 2007 SC 45; Aamir Aslam Shaikh and others v. Court of Ivth Rent Controller Karachi (South) and others C.P. No. S518 of 2013; Haji Abdul Ghani v. VIIth Additional District Judge, South Karachi and 2 others 2008 CLC 1598; Shakila Appa (Late) v. Nadeem Ghani and others 2022 CLC 1146; Mrs. Alima Ahmad v. Amir Ali PLD 1984 SC 32; Syed Waris Ali Tirmizi v. Liaquat Begum 1980 SCMR 601 and Messrs Pragma Leather Industries v. Mrs. Sadia Sajjad PLD 1996 SC 724 ref.Date of hearing: 30th April, 2025.JUDGMENTMUHAMMAD JAFFER RAZA, J.---Through instant Judgment, the aforementioned petitions shall be heard and decided. The table below shall encapsulate the relevant petitions and the respective appeals and rent applications from which they emanate.Sr #    C.P.No.    FRA No.    Order in FRA    Rent Case    Order in Rent…