Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----(. 15---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Inquiry into question of fact, whether falling within the scope of Constitutional jurisdiction---Order of ejectment passed against tenant ex parte---Tenant in spite of service failed to attend Court---Validity of order of ejectment ---Question involved in Constitutional petition was whether tenant had been served properly and whether his non-appearance in Court in spite of service, was mala fide or bona fide---Such being a question of fact, no inquiry on such aspect could be conducted in Constitutional jurisdiction. [p. 550] A Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.  15---Constitution  of  Pakistan  (1973), Art.199---Ejectment  order--Validity---Constitutional petition---Competency---Alternate and adequate remedy of appeal available but not availed---Effect---Order of ejectment being appealable order, no appeal was filed by tenant---Tenant's main thrust against ejectment order was absence  of  service  ---Factum  of  service  could  have  been  taken  in appeal---Constitutional petition against ejectment order would not lie in presence of alternate and adequate remedy of appeal. [p. 550] B Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 24---Tenant's application under S.24, Sindh Rented Premises Ordinance, 1979- --Allegations made in application under S.24 of the Ordinance would show that none of such allegations would constitute offence, therefore, tenant's application on the face of it was misconceived- --Such application, however, did not justify interference in the order of Rent Controller. [p. 551] C Azad Bin Haider for Petitioner K.M. Nadeem, Addl. A.-G. ORDER ABDUL RAHIM KAZI, J.--This Constitutional petition has been moved by the petitioner seeking the following reliefs:--   That the illegal and mala fide order dated 18-9-1994 (Annexure II) passed by the respondent No.2 and the subsequent illegal and faulty order dated 6-12-1994 (Annexure P) passed by the learned respondent No.3 be quashed and…