2009 CLC 177 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YAKOOB VS Mst. ZAIBUNNISA 1985 SCMR 893, PLD 1997 SC 397, Condonation of delay--TERM , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Limitation Act 1908--5 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 15 & 16(2)---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Condonation of delay---Sufficient cause---Tenant failed to comply with tentative rent order thus his defence was struck off and eviction order was passed by Rent Controller--Appeal filed by tenant was dismissed by Appellate Court, as it was barred by limitation---Validity---Principle of justice and fair play could not help those who were extraordinarily negligent in asserting their right and despite becoming aware about alleged void order adverse to their interest remained in deep slumber, as each and every day was to be explained---Tenant had to establish that it was not possible for him to appear and was beyond his control to appear within a due course of time for a particular purpose and to show as to what was the `sufficient cause' or reason due to which he failed to appear before competent Court of law within a particular time---In case of non-compliance, negligence on the part of tenant could not be shifted to the other side---Tenant was not vigilant in respect of his claim and he had to suffer and nobody else could be blamed in such respect---Each and every case was to be decided on its own merits and even one day's delay could not be condoned---Tenant could not invoke constitutional jurisdiction of High Court as no illegality or violation of law was pointed out by him---Order of eviction passed by two courts below being proper and legal, did not require any interference and were maintained by High Court---Petition was dismissed in circumstances.