2009 MLD 246 KARACHI-HIGH-COURT-SINDH

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Mst. HUSSAINA BAI VS Mst. SHIREEN BAI 2003 MLD 480, PLD 1981 SC 246, PLD 2001 SC 415, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Ejectment of tenant---Wilful default in payment of monthly rent---Change in structure---eviction order passed in favour of landlady was maintained by Lower Appellate Court on the ground that no prior permission was ever sought by tenant for unauthorized construction and structure built in and outside the premises, which was in violation' of tenancy agreement furthermore deposit of rent, in favour of mother of landlady who had already died, was illegal and did not amount to be valid tender of rent in the eyes of law---Validity---Lower Appellate Court did not commit any error which could be considered unlawful exercise of jurisdiction committed by both Courts below nor any specific provisions of law had been violated---Tenant failed to point out any error or lack of jurisdiction or perverse finding in. the decisions passed by both the Courts below---High Court in exercise of its power under Art. 199 of the Constitution, declined to interference in the -matter---Petition was dismissed in circumstances.