Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979) - S. 14 (1) Notices to vacate challenged on ground of having not fulfilled requirement of prescribed period of two months Held Notices though suffering from such infirmity yet defect would have been rectified by respondent if such objection taken before Rent Controller and delay of one year would not have ensued Prescribed period being for benefit of tenant and intended to allow him sufficient time to vacate And ejectment being not possible without efflux of such time, appellants tenants having failed to raise objection at earlier stage and allowed a year to pass, objection eminently against spirit of provision allowing summary relief to widows. National Steel Ltd. v. Mrs. F. Afsar P L D 1979 S C 819 ref. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J. These appeals, by special leave, arise from the common judgment of the High Court of Sind dated 23rd of August, 1981, by which F. R. A's Nos. 242 and 243 of 1981 were dismissed. The dispute in these appeals relates to the eviction of the appellants from house No. 129, situate in C. P. & Berar Co operative Housing Society Ltd., Karachi. Each of them paid a monthly rent of Rs. 400 to the husband of the respondent who was its owner. He filed ejectment applications in September, 1978, under section 13 (2) of the West Pakistan Urban Rent Restriction Ordinance, 1959, on grounds that they had committed default in the payment of rent and for his bona fide personal use. The appellants denied the allegations of default and bona fide personal use ; and while these applications were pending, he died on 15th of October, 1979, whereupon his widow, the respondent herein, served notices on the appellants on 30th of January, 1980 under section 14 (1) of the Sind Rented Premises Ordinance, 1979, which, in the meantime, had repealed the earlier Ordinance. They were required to vacate the premises in their occupation forthwith, and as the appellants failed to do so, the respondent filed fresh applications for their summary eviction on 2nd of March, 1980. By order dated 9th of April, 1981, the Rent Controller allowed the prayer and ordered their ejectment. They filed appeals in the High Court…

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