Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Ejectment of tenant---Wilful default in payment of monthly rent---Change in structure---Eviction order passed in favour of landlady was maintained by Lower Appellate Court on the ground that no prior permission was ever sought by tenant for unauthorized construction and structure built in and outside the premises, which was in violation' of tenancy agreement furthermore deposit of rent, in favour of mother of landlady who had already died, was illegal and did not amount to be valid tender of rent in the eyes of law---Validity---Lower Appellate Court did not commit any error which could be considered unlawful exercise of jurisdiction committed by both Courts below nor any specific provisions of law had been violated---Tenant failed to point out any error or lack of jurisdiction or perverse finding in. the decisions passed by both the Courts below---High Court in exercise of its power under Art. 199 of the Constitution, declined to interference in the -matter---Petition was dismissed in circumstances. Secretary Government of Punjab, Forest Department, Punjab, Lahore v. Ghulam Nabi and 3 others PLD 2001 SC 415; Saifullah v. Muhammad Bux and 2 others 2003 MLD 480 and M. Sharif and another v. M. Afzal Sohail and others PLD 1981 SC 246 ref. THIS ORDER PASSED BY: SALMAN ANSARI, J.--- Matter was fixed for Katcha Peshi and Mr. Rao Liaquat Ali Khan, Advocate for the petitioner and Mr. Safdar, Advocate has filed power on behalf of the respondent and waived notice. Heard arguments of the counsel for the parties. This petition has .been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, whereby the petitioner being aggrieved and dissatisfied with the judgment, dated 29-8-2008 passed by VIth Additional District Judge, Karachi South dismissed the First Rent Appeal No.27 of 2008 of the petitioner filed against the order,. dated 1-3-2008 of the learned Xth Senior Civil Judge/Rent Controller Karachi South, in the Rent Case No.408 of 2006 allowing the respondent's application under section 15 of the Sindh Rented…

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