Law: Sindh Rented Premises Ordinance, 1979

Section: 2(j)

 ORDER SHEET                                           Through the instant writ-petition, petitioner impugns order dated 21.06.2021, ex-parte judgment and decree dated 31.07.2021 and judgment and decree dated 19.04.2022, passed by the learned Rent Controller and learned ADJ Islamabad-East respectively whereby he was proceeded against ex-parte in rent petition filed by the respondent No.1, his application for setting aside ex-parte proceedings was dismissed with costs of Rs. 5000/-, ejectment petition was decreed ex-parte while appeal was also dismissed.   Heard.  Precisely, relevant facts gathered from the documents made available on file, are to the effect that on 22.04.2021, respondent No.1 filed ejectment petition against the petitioner on the grounds of willful default, expiry of lease agreement and breach of terms and conditions of agreement. The petition was taken up on the same day when notices were ordered to be issued for procuring attendance of the petitioner for 30.04.2021. On the date fixed, nobody entered appearance on behalf of the petitioner despite service through his brother. Upon this, the learned Rent Controller by adopting alternate mode, ordered to cause service of the petitioner through affixation and by publication in the daily newspaper and fixed the case for 07.05.2021.    It is significant to note that before resorting penal action against the petitioner, the case remained pending and adjourned on five consecutive dates i.e. 07.05.2021, 25.05.2021, 03.06.2021, 09.06.2021 and  16.06.2021 but the petitioner did not put appearance and ultimately proceeded against ex-parte on 21.06.2021.   After the recording of oral as well as documentary evidence on 10.07.2021, petitioner filed an application for setting aside ex parte proceedings which was resisted by the respondent No.1 and the learned Rent Controller dismissed the same and also decreed the ejectment petition ex parte through a composite order dated 31.07.2021.   The reasons prevailed with the…