Law: Sindh Rented Premises Ordinance, 1979

Section: 5(2)(i)

Law: Civil Procedure Code, 1908

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

PLJ 2026 Karachi 4 Sindh Rented Premises Ordinance, 1979 (XVII of 1979)-- ----S. 5(2)(i)--Civil Procedure Code, 1908 (V of 1908), O.I R. 10--Constitution of Pakistan, 1973, Art. 199--Application for ejectment--Allowed--Appeal--Dismissed--Rent--Default in payment of rent--Dispute regarding trusteeship--Payment of rent to trust--Misreading and non-reading of evidence--Concurrent findings--Trust property--No willful default--It appeared that there was a dispute between parties as to Trustship of Trust, therefore, petitioners were constrained to pay rent to trust directly--Such findings of facts rendered by Courts below to established that petitioners being caught into embarrassing situation paid rent to trust itself and sought receipt of payments--In presence of such dispute, petitioners rightly deposited rent with trust directly--Until dispute was settled and put at rest petitioners could not be accused of default in payment of rent--Since ejectment application was allowed on sole ground of payment of rent to another person, which was not stranger but trust itself, Courts below committed serious misreading and non-reading of evidence, this Court under its supervisory and corrective jurisdiction is empowered to take judicial review of same-- Since judgment passed by Courts below were result of misreading and non-reading of evidence--Petitioners should continue depositing rent with trust or if any order regarding depositing of rent is passed by Court, same shall be deposited in manner as directed by Court--Petitions disposed of.                                                                                           [P. 7] A & B No. 2 Order I propose to decide the fate of the captioned petitions through this…