2016 CLCN 149 KARACHI-HIGH-COURT-SINDH

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AZIZ DARUGAR VS ISRAFEEL AND SONS Civil Procedure Code --Order VI of C.P.C. Pleading Generally--17 , Civil Procedure Code --Order XLI of C.P.C. Appeals from Original Decrees--27 , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), O. VI, R. 17 & O. XLI, R. 27---Ejectment of tenant---Non-payment of rent---Additional evidence, production of---Scope---Appellate Court accepted application for production of additional evidence and remanded the matter to the Rent Controller with the direction to decide the same afresh---Validity---If tenant had failed to pay the rent of demised premises within 15 days after expiry of period fixed by mutual agreement, or in absence whereof within 60 days after the rent had become due then landlord could maintain his eviction petition---Non-payment of rent to the landlord had been established on record---Documents to be produced as additional evidence were beyond pleadings of the tenant and same could not be considered---Grounds of eviction petition had been proved by the landlord---Ejectment petition was allowed---Tenant was directed to vacate the demised premises within 30 days---Constitutional petition was allowed in circumstances.