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Sindh Rented Premises Ordinance (XVII of 1979)------Ss. 15(2)(ii) & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition-Ejectment of tenant on ground of default in payment of rent---Non-compliance of tentative rent order---Striking off defence---Defence of tenant was struck off on sole ground that he had failed to comply with tentative rent order as he had not deposited rent for the month of July, 2002 on 10th of August, 2002 and instead he had deposited rent for the month of July and August, 2002 on 6-9-2002--Rent for the month of August 2002, in circumstances, though was deposited within due date, but rent for the month of July, 2002 was not deposited within the period specified by law---Inadvertent error, partly was on the part of office of Rent Controller and partly on the part of tenant which resulted in confusion---Merely because tenant on account of some innocent error or sheer inadvertence had failed to deposit rent for one month within stipulated time, would not be a just ground for striking off his defence---Penal provisions were to be construed very strictly as law favours adjudication on merits---Case was fit to invoke constitutional jurisdiction of High Court---High Court, allowing constitutional petition, set aside impugned orders and remanded case to Rent Controller to decide afresh expeditiously in accordance with law. Hussain Bux v. Haji Yaqoob and another 1990 SCMR 1354 ref. Abdul Hafeez Ghouri for Petitioner. Saeeduddin Siddiqui for Respondent No.1. ORDER MUHAMMAD MOOSA K. LEGHARI, J.---Both the learned counsel intend to argue the case on merits as such, with consent the orders dated 14-2-2005, whereby the petitions were dismissed for non-prosecution are hereby recalled. Consequently, the petitions are restored. 2. Since both these constitution petitions arise out of similar facts and circumstances the same are being disposed of by this single judgment. 3. Precisely, the facts of the case are that the respondent is the landlord of the two shops situated at Ibad Centre, Station Road, and constructed over C.S. No.F-1141/1 Hyderabad, while the petitioners are the tenants in each of those shops. The respondent/landlord…

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