Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 18

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 18

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Scope---Findings of fact---High Court can interfere with decision of Court or Tribunal if findings of facts not properly recorded by appellate forum and sufficient material existing to show misreading of evidence by court below but not in each case---High Court can also interfere in appropriate cases, where there is sufficient reason and necessary order was without lawful authority or was of no legal effect or passed by appellate court was suffering from any illegality or material irregularity. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Choice of landlord---Principles---Landlord had a prerogative choice for property of his personal use and no exception could be taken to such findings of courts below---Landlord was judge of suitability of premises for his requirement and tenant had no option to choose which premises would be suitable for landlord---Landlord, in the present case, had no other property and required the premises for his personal bona fide use, which was his right and therefore, need of landlord for personal use of the premises was bona fide and not mala fide---Even it was not necessary for landlord to disclose nature of business intended to be conducted by him therein---High Court declined to interfere with eviction order passed by two courts below---Petition was allowed accordingly. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Default in payment of monthly rent---Proof---Eviction order passed by Rent Controller against tenant on the ground of default in payment of monthly rent was maintained by Lower Appellate Court---Validity---Statement of landlord on oath was sufficient that no rent was paid to him and by saying so burden was shifted to tenant to prove payment of rent by positive evidence---Duty of tenant was to obtain a valid receipt of payment of rent---Even deposit of rent in court would…

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