Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan, Art.199---Constitutional jurisdiction of High Court---Scope---High Court, in its constitutional jurisdiction may not act as court of appeal on the question of fact and the findings recorded by lower Appellate Court appearing to be in consonance with evidence available on the record did not call for interference---Jurisdiction under Art.199 of the Constitution, could not be invoked as substitute of another appeal against the order of the Appellate Court---Mere fact that upon perusal of evidence, High Court came to another conclusion would not furnish a valid ground for interference in the order of the Appellate Court, which was final authority in the hierarchy of law relating to rented premises---Constitutional petition was dismissed. 2010 CLC 925 and Shakeel Ahmed v. Muhammad Tariq Farogh 2010 SCMR 1925 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Eviction of tenant---First ejectment application filed by landlord was dismissed---Second ejectment application filed by landlord against the same tenant was allowed---Contention of the petitioner/tenant was that second ejectment application was hit by principle of res judicata---Validity---Second ejectment application filed by landlord on changed circumstances was maintainable---Plea of subletting had not been taken by the landlord in the earlier ejectment application, therefore, that was a fresh ground which had been accepted by the Rent Controller and upheld in appeal---Order of eviction on the said ground notwithstanding the dismissal of landlord's earlier application was maintained---Constitutional petition was dismissed. Dost Muhammad and another v. Muhammad Shabbir Hussain and another 1981 SCMR 528; Bashiruddin and others v. The Additional District Judge and others PLD 1985 SC 220 and Muhammad Ajmal Khan and others v. Rashid Shafique and others 2012 SCMR 854 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Bona fide personal need of landlord and reconstruction of premises---Even in case of non-construction of…

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