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Sind Rented Premises Ordinance (XVII of 1979)----Ss. 14 & 15--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--Constitution of Pakistan (1973), Art 185(3)--Ejectment on ground of default in payment of rent--Mere fact that a dispute was going on between the parties in Settlement Department, held, was no ground to condone default made by tenant-­Petitioner once having been held to be wilful defaulter, there was no reason for considering the exercise of discretion in his favour--Order of. ejectment passed against petitioner proceeded on sound reasoning and called for no interference--Petition for leave to appeal dismissed. Muhammad Hussain v. Amatul Batul 1970 SCMR 286 re-affirmed. ORDER ZAFFAR HUSSAIN MIRZA, J.--The premises in dispute in this case consists of tenement No.G-111 which forms part of a larger property bearing No.1.R.8/8-P, Lawrence Road, Karachi, which was purchased in a public auction by the respondent from the settlement department. The P.T.O. and the P.T.D. in respect of this property were issued in the name of the respondent on 15th June, 1961 and 16th April, 1978 respectively. 2. The respondent filed an ejectment application in 1962 against the petitioner on the ground of non-payment of rent but the same was dismissed by the Rent Controller for want of statutory notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. Thereafter, notice under section 30 was served by the respondent upon the petitioner demanding the arrears of rent but the petitioner disputed the title of the respondent on the ground that the disputed tenement No.G-1/1 was mistakenly included in the transfer documents of the respondent. Apparently as the rent was not tendered during the statutory period the respondent filed a fresh ejectment application. The petitioner contested the prayer for his ejectment by denying the relationship of landlord and tenant between the parties. Separately the petitioner commenced proceeding before the Settlement Authorities challenging the inclusion of the disputed premises as a part of the property transferred to the respondent. His application was, however, not…

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