2014 YLR 2331 KARACHI-HIGH-COURT-SINDH

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Mrs. SAMINA ZAHEER ABBAS VS HASSAN S. AKHTAR 1987 MLD 2741, 1991 SCMR 986, 1996 MLD 1895, 2008 CLC 387, PLD 1974 SC 139, PLD 1981 SC 246, PLD 1982 Kar. 107, PLD 1983 Lah. 27, PLD 1988 SC 190, PLD 1990 SC 1201, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , Ss. 16, 21 & 15---Constitution of Pakistan, Arts.199 & 4---Constitutional petition---Scope---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Landlords filed an ejectment petition wherein they moved an application under S. 16(1) of the Sindh Rented Premises Ordinance, 1979---Application for payment of arrears of rent was accepted and tenant was directed to deposit the same who failed and her defence was struck off---eviction petition was accepted concurrently---Validity---Tenant had failed to comply with the tentative rent order and she was guilty of non-compliance of the direction to deposit monthly rent---Said findings were findings of facts and no evidence was required to come to such conclusion---Order passed by the Appellate Authority was final and same could not be challenged through constitutional petition on the ground that "no other adequate remedy" had been provided by law or said finality attached to the order had violated the constitutional guarantees provided under Art. 4 of the Constitution to the tenant---Constitutional petition was dismissed and tenant was directed to vacate the premises within specified period.