Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2)(ii),21

Law: Constitution of Pakistan, 1973

Section: 185(3)

Sind Rented Premises Ordinance (XVII of 1979)--   --Ss. 15(2)(ii) 21--Constitution of Pakistan (1973), Art. 185(3)-­Leave to appeal, grant of--Appraisal of evidence--Ejectment on ground of default, challenged--Leave to appeal granted inter alia to examine question whether discretion should have been exercised against tenant when admittedly he was not a habitual defaulter, had confidently asserted payment for alleged defaulted period also and pleaded that as usual landlord was yet to issue receipt, though late, when instead, application for ejectment was filed and produced evidence showing his attitude of persistence in making efforts to avoid default, which, if duly considered, might have produced different results. ORDER MUHAMMAD AFZAL ZULLAH, J.- Leave to appeal has been sought from judgment dated 1-7-1987 of the Sind High Court, whereby petitioner-tenants First Rent Appeal from order of his eviction on ground of default in payment of rent, was dismissed. It seems admitted position that the petitioner was not habitual defaulter. For the alleged default period also he confidentially…

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