| Citation(s) |
|---|
| 2017 SLG 2194 2017 SLD 2194 2017 YLR 922 |
Sindh High Court
Cons. P. No. D-6378 of 2016, decision Dated: 09-12-2016.
NADEEM AKHTAR, JUSTICE, ARSHAD HUSSAIN KHAN, JUSTICE
Miran Muhammad Shah, Addl. Advocate-General, Sindh.
Cons. P. No. D-6378 of 2016, decision Dated: 09-12-2016.
NADEEM AKHTAR, JUSTICE, ARSHAD HUSSAIN KHAN, JUSTICE
Miran Muhammad Shah, Addl. Advocate-General, Sindh.
MST. FATIMA BEGUM
VS
BASHIR AHMED AND 3 OTHERS
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.22---Executing court, duty of---Scope---Directions of High Court---Re-induction of ejected tenant---Non-execution of re-induction order of High Court---High Court had given further direction to executing court to issue writ of possession with aid of police if property was not vacated---Sole function of Executing Court was to execute the order of eviction passed against landlord in the proceeding which had attained finality, even if no directions had been given by High Court; and when specific directions were given by High Court with a specific time-frame, executing court was duty-bound to comply with such directions in letter and spirit---Detailed report/ explanation submitted by executing court showed that writ of possession had been executed by taking over possession of the subject property from landlord and handing over the same to the tenant---Constitutional petition was disposed of accordingly. PLD 2006 Kar. 678 ref. THIS ORDER PASSED BY: NADEEM AKHTAR, JUSTICE:---.--- This Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed by the petitioner Mst. Fatima Begum as the lawful owner of House/Quarter No. 31/1, Area 5-D, Landhi No. 6, Karachi ('subject property'). She has claimed that respondent No. 1 Bashir Ahmed is her tenant in respect of the subject property. The case of the petitioner, as averred in the petition, is that a civil Suit was filed by respondent No. 1 claiming to be the owner of the subject property, which was dismissed on merits, and the appeal filed by him against such dismissal was also dismissed, whereafter he filed Civil Revision Application No. 173/2010 before this Court against the above concurrent findings of the Courts below. Meanwhile, the petitioner filed a rent case in respect of the subject property against respondent No. 1 which was allowed, and the appeal filed by respondent No. 1 against his order of ejectment was also dismissed whereafter respondent No. 1 filed Constitutional Petition No. S-1320/2011 before this Court against the concurrent findings in the rent proceedings. Execution Application No.…
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