Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Default in payment of monthly rent---Failure to give notice under , S.18, Sindh Rented Premises Ordinance, 1979--Leave to appeal was granted by Supreme Court to consider as to whether in the circumstances of the case High Court was justified in directing ejectment-of tenant particularly when crow the landlord after his shifting did not intimate about his new address to the tenant who had made all efforts to pay rent to the landlord and what was the impact of absence of service of statutory notice under S.18 of Sindh Rented Premises Ordinance, 1979, on the tenant after the death of original landlord. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment of tenant---Affidavit-in-evidence---Failure to swear the affidavit before Oath Commissioner---Effect---Where the deponent had appeared before the Rent Controller and was subjected to cross-examination, the defect of administration' of oath by the Commissioner was mere an irregularity---Such irregularity stood cured when the deponent was examined before the Rent Controller who was competent to record evidence on oath. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment of tenant---Proceedings on solemn affirmation--­Omission on the part of Rent Controller---Effect---No person should suffer for the mistake of Court---Such omission or error on the part of the Rent Controller might be ignored being an irregularity not vitiating the trial. (d) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment proceedings---Jurisdiction of Rent Controller ---Scope--­Discretion of Rent Controller is neither unrestricted nor unbridled but is judicious in character and ought to be exercised in line with the facts and circumstances of each case---No hard and fast rule or parameters can be laid down in this respect as the facts of each case vary---Where tenant has been keen and dutiful in discharging his legal liability and the landlord has been creating difficulties and finding devices to render it difficult for the tenant to remit…

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