ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI.
C.P. No. S-755 of 2015
Date Order with Signature of Judge .
Hearing/priority case.
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23.01.2017.
None present for the petitioners.
Mr. R.F. Veerji, Advocate for respondent No.1.
Mr. Pervaiz Akhtar, State Counsel.
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The respondent No.1 / applicant /landlord filed rent ejectment application under Section 15 of Sindh Rented Premises Ordinance, 1979 being Rent Case No. 96 of 2007 against the petitioner / opponent /tenant before the learned Rent Controller-III, Karachi West in respect of immovable property i.e. Flat constructed on ground floor of building known as Mules Mansion, Keamari, Karachi on the ground of default in payment of rent for 13 months from April 2006 to April 2007, at the rate of Rs.269/- per month. The petitioner contested the application by filing written statement on the ground that the practice of payment of rent remained in lump sum since beginning. The learned Rent Controller after recording pro and contra evidence of the parties vide judgment dated 07.02.2013 allowed the rent application. Against that judgment, the petitioner maintained F.R.A. No. 08 of 2013, which was heard and dismissed by the learned Additional District Judge-IV, Karachi West, vide Judgment dated 30.10.2014, directing the petitioner to vacate the tenement within 60 days and handover its peaceful possession to the respondent No.1 / applicant. Against these concurrent findings of the learned lower Courts below on the point of default in payment of monthly rent, the instant petition has been preferred by the petitioner.
It may be relevant to mention here that the matter was fixed on 03.10.2016 when none was present for the petitioner and the matter was adjourned as a last chance with note of caution that in case of non-appearance of petitioners and their counsel on the next date, adverse orders shall be followed. Thereafter, on 18.10.2016 the petitioner No.1, namely, Salahuddin Memon was present in person and stated that he would himself argue the matter, which was adjourned to 16.12.2016 but again none was present for the private parties; therefore, the matter was fixed on 12.01.2017 when Mr. Muhammad Mustafa Hussain Advocate for petitioner No.5 was present; however, none was present for petitioners No. 1 to 4; hence the matter was adjourned for today with caution that in case petitioners No. 1 to 4 or their counsel fail to appear before this Court and argue the matter, the argument of learned counsel for the petitioner No.5 and respondent No.1 shall be heard and the matter shall be decided on the basis of material available on record. Today the petitioners and their counsel have been called twice; however, they fail to make their appearance.
I have gone through the impugned judgments passed by the learned lower Courts below with the assistance of learned counsel for the respondent No.1 and found that the alleged default has not been denied by the petitioner and the learned trial Court examined the fact that the attorney of the petitioner / opponent has admitted in cross-examination that the default amount for the period April 2006 to April 2007 was deposited in the trial Court in rent case after passing of order dated 22.05.2010 on application under Section 16(1) SRPO 1979 dated 16.01.2010 with further admission that when default amount for the period of April 2006 to April 2007 was deposited in the trial Court the total period of default was three and half years. It is thereafter the learned Rent Controller allowed ejectment application vide judgment dated 07.02.2013, which was maintained by the learned Appellate Court in F.R.A. No. 08/2013.
Under the circumstances, when the learned Courts below have concurrently decided the issue of commission of default against the petitioner / opponent and no illegality or irregularity appears in the impugned judgments of the learned lower Courts below requiring any interference of this Court under its Constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the instant Constitutional Petition is dismissed being devoid of any merit, directing the petitioner to vacate the tenement within 60 days hereof.
JUDGE
Athar Zai