Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(vi), (3)(4)---Sindh Cultural Haritage (Preservation) Act (XII of 1994), Ss.6, 10 & 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenants was sought on the sole ground of demolition and reconstruction of property which was protected and notified under the Sindh Cultural Heritage (Preservation) Act, 1994---Landlord of the property (Wakt), before filing ejectment applications had obtained permission for demolition and reconstruction plan from the competent Authority, which was the requirement of S.15(2)(vi) of the Sindh Rented Premises Ordinance, 1979---Tenants also fully enjoyed the protection of S. 15(3)(4), the Sindh Rented Premises Ordinance, 1979---Jurisdiction of Rent Controller would not be barred in respect of the premises declared as protected heritage by virtue of S. 19, Sindh Cultural Heritage (Preservation) Act, 1994---Demolition of building and reconstruction was only possible when the dispute between the owner/landlord and the concerned Authority under Sindh Cultural Heritage (Preservation) Act, 1994 was resolved in terms of the said Act and in accordance with law and in the given situation passing of ejectment order in favour of landlord, subject to the condition of its executability against the tenants only after grant of no objection/permission for demolition/reconstruction by the Committee under the Sindh Cultural Heritage (Preservation) Act, 1994, was balanced and equitable course followed by the lower forums, which called for no interference from the High Court in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution---Principles. Rashid Brothers, Faisalabad v. Ch. Muhammad Anwar Khan and another 1981 SCMR 782; Dawood Adam Kabari v. Mst. Khatija Bai 1984 CLC 1713; Hassan and others v Fancy Foundation PLD 1975 SC 1 and Muhammad Yousuf and another v. Muhammad Sarfraz Cheema, Additional District Judge and others PLD 1987 SC 20 ref. (b) Power of attorney--- ----Held, even in case some of the executants of power of attorney had expired during the pendency of the proceedings, authorization on behalf of the remaining…

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