| Citation(s) |
|---|
| 2014 SLG 1823 2014 SLD 1823 2014 CLC 1509 |
Sindh High Court
Constitutional Petition No.S-429 of 2005, decision dated: 29-04-2014.
SHAHNAWAZ TARIQ, J
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Constitutional Petition No.S-429 of 2005, decision dated: 29-04-2014.
SHAHNAWAZ TARIQ, J
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HASSAN IRANI through L.Rs.s
VS
MINHAJUNNISA through L.Rs. and 5 others
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)--- Constitution of Pakistan, Art.199--- Ejectment application---Default in payment of rent---Bona fide personal need of landlord---Conversion of demised property---Tenant denied relationship of landlord and tenant and claimed ownership of demised property---Ejectment order of Rent Controller upheld by District Judge---Validity---Landlady had established her ownership of the demised property by producing necessary documents; she produced tenancy agreement signed by her and witnesses and rent receipts issued by her---Tenant failed to made out a case for interference in concurrent findings---Constitutional petition was dismissed in circumstances. Haji Noor Muhammad and others v. Karachi Development Authority and 2 others, PLD 1975 Kar. 373; General Manager, Pearl Continental Hotel, The Mall, Lahore/Rawalpindi v. Farhat Iqbal, PLD 2003 SC 952; Nasrullah Jan v. Mst. Farzana Begum, 2002 CLC 1523 and Syed Abdul Qadeem v. Additional Secretary and Member Judicial, Government of Pakistan and others, 2004 YLR 2097 rel. Azhar Faridi for Petitioners. Muneer-ur-Rehman for Respondent No.1. ORDER SHAHNAWAZ TARIQ, J.--- Through instant petition, the petitioners have challenged impugned judgment dated 30-3-2005 passed by the learned IInd Additional District Judge, Karachi Central in First Rent Appeal No. 57 of 2004, whereby the ejectment judgment dated 27-2-2004 passed by the learned IInd Rent Controller, Karachi Central in Rent Case No.268 of 2002, was upheld and petitioners were directed to vacate the entire ground floor of the Premises No.JV-34-S-4/A, 'B' Road, off Super Highway, Liaquatabad, Karachi. 2. Relevant facts giving to instant C.P are that the respondent No.1 filed rent application against the petitioner No.1 Hassan Irani through his five surviving legal heirs under section 15(2) of SRPO, 1979. It is stated that the respondent No.1 being owner of demised premises, had let out the same to the late petitioner No.1 vide rent agreement executed on 4-1-1966 at monthly rent of Rs.20,000 inclusive Electricity, Sui gas, Water, Property and KMC taxes. Said Hassan Irani was regularly paying monthly rent to the…
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