337/2013 Const. P. Malak Zahoor-ul-Haq (Petitioner) V/S 2nd Additional Judge, Sanghar & Others (Respondent)

337/2013 Const. P. Malak Zahoor-ul-Haq (Petitioner) V/S 2nd Additional Judge, Sanghar & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 26-SEP-14

(a) Civil Procedure Code (V of 1908)--- ----S. 152--- Constitution of Pakistan, Art.199--- Constitutional petition---Correction in judgment--- Scope--- Ejectment order correction of---Reasonable period---Scope---Appellate Court while maintaining the judgment of Rent Controller directed the tenant to vacate the premises within a period of three months from the date of judgment but instead of "Three months" "three years" was typed in the judgment---Landlord moved an application for correction of mistake appearing in the judgment of Appellate Court which was accepted and correction was made as three "months" instead of "years"---Validity---Tenant could not satisfy as to how the Appellate Court could grant three years time to him while dismissing appeal which remained pending for almost two years and six months---If such was not a typographical mistake, same was against the fair play and equity which needed to be demonstrated by the court while exercising discretion available with the Rent Controller/Appellate Authority to grant a reasonable time for vacating the premises---If Appellate Authority were allowed to grant such unusual long period of time not by mistake but by conscious judicial mind to vacate the premises on dismissal of appeal of tenant then the effect of dismissal of appeal would be nullified---Rent Controller or Appellate Court could not specify an unreasonable period for vacating the premises to a tenant---Reasonable period could be few months keeping in view the circumstances of tenant and nature of tenement and any period beyond few months could only be granted by consent of the landlord---Period of three years was accidental slip or typographical error in the Appellate Court's order---Appellate Court had lawfully corrected the same and no right had accrued to the tenant---Tenant was directed to vacate the premises within specified period---Constitutional petition was dismissed in circumstances. Nizam-ud-Din v. Ch. Muhammad Saeed and others 1987 CLC 1682; Jehanzeb Aziz Dar v. Messrs Maersk Line and others PLD 2000 Kar. 258; Muhammad Yakoob v. Baqar and 2 others 1998 CLC 456; Khawaja Imran Ahmed v. Noor Ahmad and another 1992 SCMR 1152; Khawaja Muhammad Razzak v. Dr. Sultan Mehmood Ghori and another 2007 SCMR 1866 and Muhammad Iqbal v. Sultan Akbar and 2 others 1994 SCMR 16 ref. Nizam-ud-Din v. Ch. Muhammad Saeed and others 1987 CLC 1682; Jehanzeb Aziz Dar v. Messrs Maersk Line and others PLD 2000 Kar. 258; Muhammad Yakoob v. Baqar and 2 others 1998 CLC 456 and Khawaja Imran Ahmed v. Noor Ahmad and another 1992 SCMR 1152 distinguished. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 14 & 15---Ejectment of tenant---Time for giving vacant possession to landlord---Reasonable period---Scope.