2012 CLC 1195 KARACHI-HIGH-COURT-SINDH

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Haji MUHAMMAD SAEED VS Mst. BANO BEGUM Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--10 , Sindh Rented Premises Ordinance 1979--15 , Ss. 10 & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent and bona fide personal need of landlord---eviction of tenant (petitioner) was allowed concurrently by the courts below---Validity---No notice of application under S.10(3) of the Sindh Rented Premises Ordinance, 1979 was issued to the landlord for depositing the rent with the Rent Controller and the landlord was not informed of the same---Section 10(3) of the Ordinance gave a machinery as to how, upon refusal of the landlord to accept the rent, the rent could be tendered---Due rent had not been tendered to the landlord and the rent was deposited with the Rent Controller without any refusal to accept rent by the landlord, therefore, the same amounted to "default" inasmuch as the stipulations of Ss.10(3) & 10(4) of the Ordinance had not been complied with by the tenant---Section 10(4) of the Sindh Rented Premises Ordinance, 1979 clearly demanded that written acknowledgement, postal money order or receipt shall be produced and accepted as proof for payment of rent, and the same was not proved by the tenant---Personal need of the landlord could not be dislodged by the tenant---Courts below, in circumstances, came to the correct conclusion---High Court while exercising jurisdiction under Article 199 of the Constitution may interfere only when it was necessary and a wrong or illegal conclusion had been drawn by the courts below---High Court in its constitutional jurisdiction was not to sit as a court of appeal on questions and findings of facts, recorded by a competent court and would not interfere in the same in its constitutional jurisdiction in a routine---Constitutional Petition was dismissed.