| Citation(s) |
|---|
| 2013 SLG 2888 2013 SLD 2888 2013 YLR 2526 |
Sindh High Court
Constitutional Petition No. S-690 of 2010, decided on 17th May, 2013. DATE of hearing: 15th April, 2013
AFTAB AHMED GORAR, J
Muhammad Ali Waris Lari for Petitioner. Syed Shmaim Ahmed Riazi for
Respondent No. 1
Constitutional Petition No. S-690 of 2010, decided on 17th May, 2013. DATE of hearing: 15th April, 2013
AFTAB AHMED GORAR, J
Muhammad Ali Waris Lari for Petitioner. Syed Shmaim Ahmed Riazi for
Respondent No. 1
RIZWAN NAJMI
VS
NUSRATULLAH BHOREY KHAN through Attorney and 2 others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenant---Default in payment of rent and plea of bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Ejectment petition was accepted concurrently---Validity---Where the tenant took up a position that he had purchased the property even then he had to vacate the same and file a suit for specific performance whereafter he would be given access to the premises in question---Sale agreement did not create title/ownership---Tenant denying the relationship of landlord and tenant and claiming to have purchased the premises much prior to the period of alleged default then he was not expected to pay the rent---Landlord having appeared in the witness box and made statement regarding his personal bona fide need, requirement of law on his part stood discharged---Sole testimony of landlord was sufficient to establish his personal bona fide need---Constitutional petition was dismissed. Iqbal v. Mst. Rabia Bibi PLD 1991 SC 242; Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320; Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575; Muhammad Rafique v. Messrs Habib Bank Ltd. 1994 SCMR 1012; Mst. Bor Bibi v. Abdul Qadir 1996 SCMR 877; 2010 SCMR 1925; 2001 SCMR 1197; 2008 CLC 446; 2003 SCMR 1398; 1997 SCMR 1062 and 1992 SCMR 1296 rel. (b) Constitution of Pakistan--- ----Art.199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment of tenant---Constitutional jurisdiction of High Court---Scope---Constitutional jurisdiction of the High Court in such matters was limited and confined to ascertain as to whether the Appellate Court had not flouted the provisions of law---Constitutional juris-diction was discretionary which was meant to foster justice and to remedy the wrong. Hafiz Shafatullah v. Mst. Shamim Jehan and another PLD 2004 Kar. 502 and 2010 SCMR 1025 rel. ORDER AFTAB AHMED GORAR, J.---Through this Constitutional Petition, petitioner has impugned the Judgment dated 5-9-2009 passed by 1st Additional District Judge, Karachi East whereby he dismissed F.R.A. No.82 of 2008 filed by…
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