Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)----Ss. 10(3) & 15(2)(ii)---Qanun-e-Shahadat (10 of 1984), Art.129(e)--¬Default in payment of rent---Deposit of rent in Court after refusal of landlord to accept same through money order---Rent Controller dismissed ejectment petition, which was reversed by Appellate Court and upheld by High Court in Constitutional petition ---Validity--Landlady or her attorney had not controverted postal certificate produced a by tenant about non-acceptance of rent through money order---Postal k certificate was a public document signed by Government functionary, thus, presumption of its correctness could not be doubted---Record showed that tenant had deposited rent without delay---Landlady herself had not appeared to rebut such plea of tenant---High Court and Appellate Court had not properly, appreciated evidence adduced by tenant--¬Supreme Court accepted appeal, set aside impugned s and maintained that of Rent Controller. (b) Qanun-e-Shahadat (10 of 1984)----- ----Art. 129(e)---Postal certificate ---Such certificate was a public document signed by Government functionary, thus, presumption of its correctness could not be doubted. (c) Power of attorney--- ----Power of attorney must be strictly construed--- On fair construction of the whole instrument, authority in question must be found within four corners thereof either in express terms by necessary implication. Muhammad Akhtar v. Manna 2001 SCMR 1700 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---By this common judgment we intend to dispose of the above mentioned petitions, which are directed against a consolidated judgment of the High Court of Sindh, Karachi, dated 22-6-2004, whereby the Constitutional petitions filed by petitioner, were dismissed. 2. Petitioner is a tenant of respondent No.1 of two rooms on second floor of building known as Akbar Manzil, situated at Survey No. 11/3, Survey Sheet No.RY-9, Elender Road, I.I. Chundrigar Road. Karachi, on rent of Rs.525 per month, which was initially rented out to the Petitioner the previous owner late Syed Nazir Ali, husband of respondent No.1. There are seven rooms at first floor of the said building which were let out by the…

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