Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15(2), 16(1)(2) & 21-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Non-compliance of tentative rent order---Tenant was directed to deposit arrears of rent within specified period during pendency of appeal against ejectment order, which he failed---Striking off defence of tenant---Validity---Provisions of S.16(2) of Sindh Rented Premises Ordinance, 1979 had provided that where tenant had failed to deposit arrears of rent or pay monthly rent under subsection (1) of S.16 of the Ordinance, his defence would be struck off and landlord would be put into possession of premises---Impugned order whereby defence of tenant was struck off for non-compliance of mandatory tentative rent order, was quite just and proper---Appellate Court having been vested with all the powers of Rent Controller, impugned order was legally valid and could not be interfered with in exercise of constitutional jurisdiction. Lt. Commdr. (Retd.) Syed Askari Hasan v. Mst. Zubeda Khanum 1984 SCMR 542 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Jurisdiction conferred upon High Court under Art.199 of the Constitution had to be exercised in the aid of justice and not for perpetuation of ill-gotton gains. Abdul Haq Indhar v. Province of Sindh 2000 SCMR 907 and Nawab Sayed Ranunaq Ali's case PLD 1973 SC 230 ref. ORDER MUHAMMAD MOOSA K. LEGHARI, J.---By this order I propose to dispose of above-noted two Constitutional Petitions as the facts and parties in both the petitions are the same. The case has a chequered history. Precisely the facts relevant for the purpose of deciding these petitions are; that the petitioner is the tenant of respondents Nos.1 to 3 in respect of Shops Nos.2 and 3 and Flats Nos.7 and 8 situated on Plots Nos.677, 678, Central Commercial Area, Block-2, P.E.C..H.S. Karachi East. The respondents Nos.1 to 3 filed two ejectment applications bearing No.519 of 1997 and 520 of 1997 against the petitioner which were allowed vide judgments both dated 13-4-2000 by VI-Rent Controller, Karachi East. On appeal this Court vide order…

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