Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16(1),16(2)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16(1),16(2)

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 16(1) & (2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Non-compliance of tentative rent deposit order---Order of Rent Controller dated 22-4-2008 directing tenant to deposit arrears of rent within 30 days and future rent by 10th of each month---Deposit of arrears of rent by tenant on 27-5-2008 and rent for May/June, 2008 on 10-5-2008---Landlord's application for striking off defence of tenant---Non-filing of counter-affidavit by tenant to such application---Acceptance of such application by Rent Controller and dismissal of tenant's appeal filed thereagainst---Plea of tenant that he had gone for Tableegh-e-Islam for forty days and returned back on 25/26th May, thus, he could not know about passing of such order--Validity---Tenant had not asserted as to how he came to know about requirement of deposit of future rent on 10th May---Tenant knew of such order at least on 10th of May, when he deposited future rent--Tenant had failed to make out any ground for interference with concurrent orders of courts below---High Court dismissed constitutional petition in circumstances. Mst. Fatim-un-Nisa and others v. Mrs. Zubaida 1990 SCMR 750; Jamil Ahmad v. Mrs. Sultan Jehan Begum 1987 CLC 1391; Jawaid Ashraf Khan v. Mst. Suriya Begum 1999 MLD 2886; Babar Parvezv. Muhammad Saad 2000 CLC 1134; Messrs Platinum Insurance Co. Ltd., v. Messrs State Life Insurance Corporation of Pakistan, 1991 MLD 1256; G.Z. Malik v. Mrs. Khayyam Baig, PLD 1991 Kar. 370 and Messrs Pragma Leather Industries v. Mrs. Sadia Sajjad, PLD 1990 SC 724 ref. Naeem Iqbal for Petitioner. Ms. Mehrunisa for Respondents. Date of hearing: 21st October, 2009. ORDER SHAHID ANWAR BAJWA, J.--- The petitioner of this petition is tenant of Flat No.502, 5th Floor Muhammad Ali Housing Society, Karachi and respondent No.3 is the landlord. Tenancy commenced in 2004. Landlord filed an ejectment application in May, 2007 alleging default from January, 2007 to filing of the ejectment application as well as on the ground of personal need. Written statement was filed by the tenant. On application under section 16(1) of the Sindh Rented Premises…

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