Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 14---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Petitioner instead of serving notice six months prior to his due date of retirement from service, served notice upon tenant one month earlier i.e. on 14-4-1986 instead of on or after 13-5-1986 when he was to retire on 13-11-1986---Validity ---Leave to appeal was granted to consider, whether ratio of the case of Hasan Askari Rizvi (PLD 1989 SC 1) was applicable or that of the case of Wali Muhammad v. Mst. Hameeda Bai 1983 SCMR 191 and whether Courts below were justified in non-suiting petitioner on the ground of having served notice one month earlier than the requisite date, though admittedly Rent Controller had decided rent case on 31-8-1991. Syed Hasan Askari Rizvi v. Muhammad Aziz PLD 1989 SC 1 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14 (1)---Non-service of notice in accordance with provision of S.14 (1), Sindh Rented Premises Ordinance, 1979---Effect---Notice was sent by landlord on 14-4-1986, though he was due to retire on 13-11-1986 i.e. about one month prior to due date which was to fall on or after 13-5-1986---Date when notice in question, was sent by landlord to tenant, landlord did not fall within categories of specified landlords given in S. 14 (1), Sindh Rented Premises Ordinance, 1979---Landlord, thus, had no cause of action to send notice in question on 14-4-1986. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.14---Constitution of Pakistan (1973), Art. 185---Landlord, an employee was to retire on 13-11-1986, on attaining age of sixty years---Notice for ejectment of house was to be sent by landlord to tenant on or after 13-5-1986 but said notice was sent to tenant on 14-4-1986 i.e. one month earlier---Courts below by dismissing landlord's ejectment application had acted in consonance with law, thus, no exception could be taken to the s of Courts below, which were maintained in circumstances. JUDGMENT AJMAL MIAN, J.---This is an appeal with the leave of this Court against the order of the learned Rent Controller dated 31-8-1991 and the judgment of the learned Judge in Chambers dated…

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