| Citation(s) |
|---|
| 2014 SLG 2566 2014 SLD 2566 2014 YLR 1226 |
Sindh High Court
Constitutional Petition No. 906 of 2011, decided on 30th December, 2013. DATE of hearing: 5th December, 2013
SYED MUHAMMAD FAROOQ SHAH, J
Aziz-ud-Din Qureshi for Petitioner. Syed Muhammad Haider for
Respondent No. 1
Constitutional Petition No. 906 of 2011, decided on 30th December, 2013. DATE of hearing: 5th December, 2013
SYED MUHAMMAD FAROOQ SHAH, J
Aziz-ud-Din Qureshi for Petitioner. Syed Muhammad Haider for
Respondent No. 1
MUHAMMAD ABID QASMI
VS
HUMAIRA MUSHEER and others
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Application for ejectment of tenant---Bona fide personal need of landlady---Scope---Constitutional jurisdiction of High Court was extraordinary in nature and was meant for dispensation of justice and to avoid abuse of process of law---Such jurisdiction could not be exercised unless findings of courts below were arbitrary, capricious, perverse and had resulted into miscarriage of justice---Span of litigation in rent cases had been shortened and concurrent findings of facts could be interfered in exceptional circumstances---Landlady, in the present case, had stated that demised premises was required for her residence and there was no reason to discard her words stated on oath---Landlady had no other property---No illegality, irregularity, mis reading or non-reading had been pointed out in the impugned orders---Constitutional petition was dismissed in circumstances---Tenant was directed to vacate the premises in question within a period of 30 days. Fazal Ahmed v. Ramzan Bibi 1984 CLC 2196; Nisar Hussain Rizvi v. Aisha 1998 CLC 349; Fazahat Ali v. Noor Jehan Begum 1991 CLC 1902; Saleemuddin v. Bibi Jan 2001 MLD 1176; Hajra Bai Sulaiman v. Aisha Bai 1982 CLC 1444; Shafiq Fatima v. Rais Hassan Siddiqui 1987 CLC 1250 and Noorunissa v. Qamurul Huda 1988 CLC 1833 distinguished. Mazhar Hussain Shah through L.Rs. v. Member Board of Revenue Punjab, Lahore and others 2006 SCMR 959; Malak Muhammad Hussain v. District Returning Officer and others 2008 SCMR 488; Haji Muhammad Siddique v. District Judge, Peshawar and others 1990 SCMR 997; Abdul Latif v. Faqir Muhammad 1982 SCMR 1046; Wasim Ahmad Adenwalla v. Shaikh Karim Riaz 1996 SCMR 1055; Mst. Tauheed Khanum v. Muhammad Shamshad; 1980 SCMR 593; Hassan Khan's case PLD 1976 Kar. 832; Jehangir Rustom Kakalia v. Hashwani Sales Services (Pvt.) Ltd., 2002 SCMR 241; Iqbal Book Depot v. Khatib Ahmed 2001 SCMR 1197; Sheraz Tufail v. State 2007 SCMR 518 and Pakistan Institute of International Affairs v. Naveed Merchant 2012 SCMR 1498 rel. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.---Petitioner above named…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492