575/2009 Const. P. Mrs. Samina Zaheer Abbas (Petitioner) V/S Mr. Hassan S. Akhtar & Ors (Respondent)

575/2009 Const. P. Mrs. Samina Zaheer Abbas (Petitioner) V/S Mr. Hassan S. Akhtar & Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 04-AUG-14

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16, 21 & 15---Constitution of Pakistan, Arts.199 & 4---Constitutional petition---Scope---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Landlords filed an ejectment petition wherein they moved an application under S. 16(1) of the Sindh Rented Premises Ordinance, 1979---Application for payment of arrears of rent was accepted and tenant was directed to deposit the same who failed and her defence was struck off---Eviction petition was accepted concurrently---Validity---Tenant had failed to comply with the tentative rent order and she was guilty of non-compliance of the direction to deposit monthly rent---Said findings were findings of facts and no evidence was required to come to such conclusion---Order passed by the Appellate Authority was final and same could not be challenged through constitutional petition on the ground that "no other adequate remedy" had been provided by law or said finality attached to the order had violated the constitutional guarantees provided under Art. 4 of the Constitution to the tenant---Constitutional petition was dismissed and tenant was directed to vacate the premises within specified period.