Case Details

Citation(s)
2016 SLG 2103 2016 SLD 2103 2016 YLR 120
Sindh High Court
C.P. No. S-206 of 2010, decided on 10-03-2015. Date of hearing: 02-03-2015.
MUHAMMAD, JUNAID GHAFFAR, J
A.M.Mobeen Khan for the Petitioner. Mukesh Kumar G. Karara for
Respondent No.1.

MST. JAMILA AND 3 others

VS

. MUHAMMAD IQBAL AND 2 OTHERS

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Default in payment of rent---Remand order---Effect---High Court remanded the matter to the Rent Controller with certain directions---Rent Controller accepted eviction petition after recording of evidence and following the directions as contained in the remand order---Validity---Once a matter was remanded with certain directions, scope of dispute was limited---Trial Court had to resolve the dispute only to the extent of remand order---Court trying a lis after remand had to regulate the proceedings in terms of the order of remand passed by the higher forum---If matter had been simply remanded without any directions, other issues could be agitated---Trial Court had followed the directions of High Court as contained in the remand order---Tenant could not argue or agitate insofar as the merits of the case which were not agitated in the earlier round of litigation---Findings recorded by the courts below were not perverse---No jurisdictional defect or mis-reading of fact was pointed out in the findings recorded by both the courts below---Constitutional petition was dis-missed in circumstances. Mrs.Anis Haider and others v. S.Amir Haider and others 2008 SCMR 236; Hafeezuddin and 2 others v. Badaruddin and 2 others PLD 2003 Kar. 444; Imam Din and 4 others v. Bashir Ahmed and 10 others PLD 2005 SC 418; Ghulam Mustafa v. Rashid Akbar Ansari and others 2009 MLD 538; Muhammad Farooq M.Memon v. Government of Sind through its Chief Secretary, Karachi 1986 CLC 1408; Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905; Safeer Travels (Pvt.) Ltd. v. Muhammad Khalid Shafi (decd) through L.Rs. PLD 2007 SC 304 and Nasrullah Khan and others v. Mukhktar-ul-Hassan and others PLD 2013 SC 478 ref. Jameel Ahmed v. Saifuddin PLD 1994 SC 501; Secretary to the Government of Punjab, Forest Department, Punjab, Lahore through Divisional Forest Officer v. Ghulam Nabi and 3 others PLD 2001 SC 415; Mehraj (Private) Limited v. Miss Lamia Saeed and others 2003 MLD 1033; Rehana Hafeez v.. Muhammad Ali alias Ehsan 2014…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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