1510
CIVIL LAW CASES
[Vol. XLVII
2025
Mecza
2025 CLC 1510
Shan u
[Sindh]
Date o
Before Muhammad Jaffer Raza, J
MEEZAN BANK LIMITED ---Petitioner
veraus
EDULJEE DINSHAW (PVT) LIMITED and 2 others ---Respondents
Constitution Petitions Nos. 194 to 196 of 2025, decided on 30th April, 2025.
Sindh Rented Premises Ordinance (XVII of 1979)---
--S. 15(2)(ii), proviso---Ejectment of tenant---Default in payment of rent---Subsequent payment--Effect-Petitioner / tenant claimed that subsequently it paid the rent due, therefore, there was no default under proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979... Validity---Provision of proviso to S. 15(2)(ii) of Sindh Rented Premises Ordinance, 1979 was available, where sole ground in rent application against tenant was default and the tenant on the first day of hearing had admitted his liability to pay---Rent Controller was to satisfy that tenant had not made such default on any previous occasion and the default was not exceeding six months-Only if such conditions were met, the Rent Controller was mandated to direct tenant to pay all rent claimed on a date to be fixed by Rent Controller, thereafter he was mandated to dismiss the rent application---High Court declined to interfere in eviction orders passed by two Courts below, as subsequent tender of rent by petitioner / tenant did not extinguish the default-Constitutional petition was dismissed, in circumstances. [pp. 1513, 1515] A & B
Allies Book Corporation v. Sultan Ahmad and others 2006 SCMR 152; Shajar Islam v. Muhammad Siddique and 2 others PLD 2007 SC 45; Aamir Aslam Shaikh and others v. Court of Ivth Rent Controller Karachi (South) and others C.P. No. S-518 of 2013; Haji Abdul Ghani v. VIIth Additional District Judge, South Karachi and 2 others 2008 CLC 1598; Shakila Appa (Late) v. Nadeem Ghani and others 2022 CLC 1146; Mrs. Alima Ahmad v. Amir Ali PLD 1984 SC 32; Syed Waris Ali Tirmizi v. Liaquat Begum 1980 SCMR 601 and Messrs Pragma Leather Industries v. Mrs. Sadia Sajjad PLD 1996 SC 724 ref.
MUHA the aforementi shall encapsul rent applicatio
Sr.
C.P.No.
194/25
2
195/25
3
196/25
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Learne application w this regard ha my attention counsel statec of January, that subsequ mentioned a Thereafter, h the payment has argued t omission of which can onl
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Con the default in have been fi is fully paic to the learn that if the even then be ejected stated tha Premises 17.12.20 months, Further paid the Petition
CLC
Ali T. Ebrahim for Petitioner.
CLC
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