Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance, 1979

Section: 18

  Summary The petitioners challenged concurrent judgments of the Rent Controller and Appellate Court which had ordered eviction of the tenant and upheld the landlord’s claim. The dispute arose after the original landlady died, and the tenant continued depositing rent in court instead of paying the legal heirs. The respondent claimed ownership through valid Letters of Administration and sought eviction on the ground of personal bona fide need. The petitioners argued that there was no default in rent payment and that the Letters of Administration were obtained through fraud. They also challenged the maintainability of eviction on bona fide need grounds. The Court held that rent deposit in the name of a deceased person did not discharge liability once notice under Section 18 was served, and that allegations regarding Letters of Administration could not be decided in rent proceedings. Finding no illegality or perversity in the concurrent findings, the Court dismissed the constitutional petition. Sections / Provisions Used Article 199 – Constitution of Pakistan, 1973 Section 18 – Sindh Rented Premises Ordinance, 1979 2 Two-Word Description Rent Eviction Concurrent Findings       J U D G M E N T  Through the instant constitutional petition, the petitioners have challenged the concurrent findings recorded by the two Courts below. The learned IV-Rent Controller, Karachi East, vide judgment dated 08.07.2017, allowed Rent Case No.311 of 2015 filed by respondent No.1 (landlady). The said judgment was maintained by the learned IV-Additional District Judge, Karachi East, vide judgment dated 19.12.2017 passed in F.R.A. No.191 of 2017, whereby the appeal was dismissed. It is pertinent to note that during the pendency of the proceedings, the original tenant of the demised premises, namely, Shaikh Moinuddin, expired on 22.12.2017, as evidenced by the death certificate placed on record as Annexure “A/19” at page 167 of the file. Consequently, the instant petition has been filed by his legal heirs. The facts, as emerging from the record, are that Mst. Malika Begum, widow of Muhammad Ismail and mother of respondent No.1, had…