Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--Ss.14(1) & 15---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine questions of law as to whether for eviction under S.14, service of notice on tenant was mandatory or not and filing of the case previously under S.15 of the Ordinance, would constitute sufficient notice under S.14(1). (b) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S.14---Provision of S.14 with regard to service of notice was not mandatory but directory---If notice gave substantially the information required by law in clear and understandable manner, then omission to give certain details or failure to mention a particular date in a particular manner or any other similar technical defect, would not invalidate that notice and in such circumstances, order of eviction would be passed by the Rent Controller after expiry of 60 days from the date of the service of notice. Although requirement is mentioned in section 14 that notice is to be issued for period not less than two months, still provision with regard to service of notice would not be mandatory in nature but directory. If notice gives substantially the information required by law in clear and understandable manner, then omission to give certain details or failure to mention a particular date in a particular manner or any other similar technical defect, will not invalidate the notice. In such circumstances, order of eviction would be passed by Rent Controller after expiry of 60 days from the date of the service of notice. (c) Sindh Rented Premises Ordinance (XVII of 1979)-- ----Preamble---Object of promulgation of Ordinance. Perusal of preamble of Sindh Rented Premises Ordinance, 1979, shows that it was promulgated to make effective provisions for regulation of relations between landlords and tenants and protect their interests in respect of rented premises within urban areas. It appears that the intention was neither to make this law as pro-landlord nor as pro-tenant but to maintain proper balance in order to protect interests of both the parties. (d) Sindh Rented Premises Ordinance (XVII of 1979)-- ----Ss.14 & 15---Application and scope of Ss.14…

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