2012 YLR 2376 KARACHI-HIGH-COURT-SINDH

Full text

Mst. SADIA ASHRAF VS DISTRICT AND SESSIONS JUDGE, (EAST) KARACHI 2009 YLR 2234, 2009 YLR 474, PLD 1981 SC 246, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(i) & 15---Constitution of Pakistan, Art.199--.Constitutional petition---eviction of tenant on ground of default in payment of rent---Concurrent dismissal of the case of landlord---Contention of the petitioner(landlord) was, inter alia, that the tenant (respondent) had failed to pay the water and sewerage charges--Validity---"Rent" included water charges, electricity charges, and such other charges which were payable by the tenant which were still unpaid---Tenant, despite specific allegation of non-payment of water and conservancy charges by the tenant, did not deny or answer such allegations that water and conservancy charges were part of "rent" as per S. 2(i) of the Sindh Rented Premises Ordinance, 1979---Courts below had misread the evidence and their findings were set aside---Tenant was directed to vacate the premises in circumstances---Constitutional petition was allowed, accordingly.