| Citation(s) |
|---|
| 2013 SLG 2490 2013 SLD 2490 2013 YLR 854 |
Sindh High Court
Constitutional Petition No. S-1157 of 2011, decided on 6th December, 2012
HABIB-UR-REHMAN SHAIKH, J
Syed Ansar Hussain for Petitioners. Arshad Hussain and Muhammad Ehsan for
Respondents No. 3
Constitutional Petition No. S-1157 of 2011, decided on 6th December, 2012
HABIB-UR-REHMAN SHAIKH, J
Syed Ansar Hussain for Petitioners. Arshad Hussain and Muhammad Ehsan for
Respondents No. 3
Syed ZULFIQAR HAIDER and anothers
VS
ADDITIONAL DISTRICT JUDGEIV and 3 others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment proceedings---Denial of relationship of landlord and tenant between parites without any concrete proof would not be sufficient. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional jurisdiction---Scope---Ejectment order passed by Rent Controller upheld by Appellate Authority---Validity---High Court could not decide factual controversy, but could decide legal point i.e. mis-reading or non-reading of evidence or illegality committed by courts below in their order or . Tariq Ali Sheikh v. Khalid Nawaz 1998 CLC 460; Dad Muhammad v. Muhammad Hayat 1996 CLC 1705; Muhammad Siddiq v. Khurram Gulraiz 1998 MLD 624; Mobin Fatima v. Muhammad Yamin PLD 2006 SC 214; Muhammad Siddique v. Fazal Hussain Qureshi PLD 1996 Lahore 252 and Arshad Kamal Khan v. Saeeda Khalid Kamal Khan 1993 SCMR 1360 ref. Bashir Ahmed v. Roots School Network 2011 SCMR 290 and Faizanul Haq v. Muhammad Nadim 1999 CLC 1233 rel. ORDER HABIB-UR-RAHMAN SHAIKH, J.---Through this Const. Petition, petitioners have challenged orders dated 11-2-2010 and dated 13-11-2010, passed by IIIrd Rent Controller, Karachi (Central) and judgment dated 14-10-2011, passed by IVth Addl. District Judge, Karachi (Central), hereinafter referred to as the "impugned orders" and "impugned judgment"). 2. Briefly facts of the case are that petitioner No.2 earlier filed Const. Petition bearing No.D-1834 of 2008 in this Court on 11-9-2008 against respondent No.3 and others with the prayer to restrain respondents from taking over possession of House bearing No.II-H/21, measuring 216 square yards, situated in Nazimabad, Karachi, (hereinafter referred to as the "premises in question") from the petitioners. On 12-9-2008 when the matter was taken up in Court and while issuing notice to the respondents it was ordered that status quo be maintained by the parties subject to deposit of a sum of Rs.100,000 by the petitioner No.2 with the Nazir of this Court. In compliance of the said order, petitioner No.2 deposited the said sum with the Nazir of this Court. Thereafter, respondent No.3 appeared in the matter…
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