Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii),6

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15(2)(ii),6

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--------S. 15(2)(ii), Proviso [as inserted by Sindh Rented Premises (Amendment) Ordinance (XIV of 2001)]---Ejectment of tenant on ground of default, in payment of rent---Applicability of Proviso to S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979---Proviso to S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 would be applicable only when the four conditions would be met which were that ejectment application was filed on the sole ground of default in payment rent; that default would not exceed six months; that on the first date of hearing tenant admitted his liability to pay rent claimed; and that it was not a case of first default and Rent Controller directed tenant to pay rent claimed on or before the date to be fixed for that purpose---When all said four conditions were met proviso to clause (ii) of subsection (2) of S.15 of the Ordinance kicked in---If a single condition would not be there, said proviso could not be made applicable to the case---Default in the present case had specifically been denied--In presence of such specific denial and in absence of clear statement of admission of liability by the tenant, tenant could not claim benefit of the proviso to S.15(2)(ii) of the Ordinance. Habib Ahmad v. Liaquat Hussain PLD 1985 Kar. 741; Abdul Samad Khan v. Asif Malik (Asif Zaman Khan) 1989 CLC 1994; Muhammad Akhtar v. Mst. Manna and 3 others 2001 SCMR 1700 and Imran Khan and others .v. Aftab Khan 2008 CLC 1043 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Question of fact could not be gone normally into particularly when they had, been decided concurrently by the two courts below. M.M. Tariq for Petitioner. Muhammad Aqil for Respondent No.1. Date of hearing: 15th October, 2009. JUDGMENT SHAHID ANWAR BAJWA, J.--- Brief facts giving rise to this Constitutional petition are that petitioner is tenant in respect of Flat No.B-21 Second Floor Sunny Heights constructed on Sub-plot No.118/.3/H-5, of Plot No.118/3 at Deh Odewari, Main Rashid Minhas Road. Tenancy commenced on 6-1-2003. Ejectment Application No.183 of 2007 was filed on 31-3-2007 alleging default…

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