Law: Sindh Rented Premises Ordinance (XVU of 1979)

Section: 15, 19

Sindh Rented Premises Ordinance (XVII of 1979) Ss. 15 & 19‑‑‑Ex parte order, setting aside of‑‑‑Application for substituted service of tenant through publication was allowed and notice was published in newspaper and such service was held good against tenant's legal representatives ‑‑‑Ejectment application was filed against the tenant herself and it was nowhere mentioned that ejectment application was filed against the tenant through her legal representatives‑‑‑Ex parte order was passed against the tenant as legal representatives of the tenant were called absent on relevant date‑‑‑Tenant having not been given full opportunity to contest the matter, ex parte order passed against tenant was set aside and case was remanded to the Rent Controller with direction to give full opportunity to the parties to contest the matter expeditiously. Date of hearing: 6th April, 2001                                                                                                                                                       JUDGMENT Appellant Mst. Khairun Nisa has called in question the ex parse Order, dated 24‑5‑2000 passed by the learned V‑Rent Controller (South), Karachi, in Rent Case No.848 of 1995, whereby the appellant was directed to hand over the peaceful possession of the demised premises within 60 days from the date of order, hence this appeal. At the very outset, Mr. Shafaat Hussain, learned counsel for the appellant has drawn my attention to the impugned order, dated 24‑5‑2000 at page 2 and page 3 by contending that the Ejectment Application has been allowed without giving opportunity to the appellant. He has further contended that the notice has published in daily Newspaper "Nawai Waqt", dated 13‑5‑1999 and on 22‑5‑2000 the service was held good against the defendant's…