2012 MLD 1081 KARACHI-HIGH-COURT-SINDH

Full text

Mst. SAKINA VS Mst. YASMIN TAJ Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---eviction was ordered concurrently by the courts below---Validity---Tenant by her own admission did not make payment for water and conservatory charges, as according to her same were not required to be paid by her under the tenancy agreement, however, after determination of said agreement, tenant became the statutory tenant in the premises, and fell victim to S. 2(i) of the Sindh Rented Premises Ordinance, 1979, wherein water charges were included in the definition of "rent"---Meaning of rent, if tested on the admission of the tenant, would make the tenant a clear "defaulter" in the payment of rent---Constitutional petition was dismissed.