Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 19

Sindh Rented Premises Ordinance (XVII of 1979)-- ----Ss.15 & 19---Ejectment application---Service of notice upon tenant---No notice was required to be issued if the opponent appeared through a pleader duly instructed and able to answer all material questions relating to the ejectment proceedings. Muhammad SUleman v. Abdur Rasheed and 13 others PLD 1987 Lah. 387; Sarshar Ali v. Roberts Cotton,Association Limited and another PLD 1963 SC 244; Muhammad Said and others v. M. Sardar and others PLD 1989 SC 532; Punjab Road Transport Board v. Abdul Ghafoor and 6 others PLD 1989 SC 541; Shah Muhammad and others v. Muhammad Bux PLD 1972 SC 321; Mst. Rehmat Bail v. Manzoor Ali Khan PLD 1975 Kar. 1066; Muhammad Khan v. Mir Khan PLD 1987 Kar. 363; Mst. Bilquis Rehman v. Anjum Hameed and another 1988 MLD 1826; Mashlakhuddin v. Syed Ali Haider 1982 SCMR 570 and Bashiruddin Qureshi v. Maj. (Retd.) Ameenullah Khawaja 1985 CLC 316 ref. Anwar Hussain for Appellant. Muhammad Sadiq for Respondent. Date of hearing: 19th January, 1997. JUDGMENT This appeal has been preferred under section 21 of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the '1979-Ordinance') by the appellant who is a tenant in respect of residential premises No. 10, 5th Floor, Plot No.44, SB-4, Dawood Pota Road, Karachi, challenging the order dated 4-4-1995, whereby the eviction of the appellant and his alleged sub-tenant Muhammad Aslam was ordered and the order dated 26-9-1996, whereby application under Order IX, rule 13, C.P.C. for setting aside the earlier order has been dismissed. The appellant's case is that he was never served with notice of the Rent Case No.791/1992 and had never engaged by Advocate for such proceedings prior to 12-9-1995, when upon coming to know about   the pendency of the execution proceedings, he filed application under Order JX, Rule 13, C.P.C. for setting aside the above-referred order of eviction dated 4-4-1995. For appreciating the respective contentions of the parties, -it is necessary to take account of the proceedings briefly. On 26-5-1992, the respondent landlady filed cent case under section 15 of the 1979 Ordinance being Rent Case…