| Citation(s) |
|---|
| 2016 SLG 3649 2016 SLD 3649 2016 MLD 1630 |
Sindh High Court
NAZAR AKBAR, JUSTICE
Asim Iqbal and Farmanullah for Petitioners. Rehan Aziz Malik for
Respondent Nos.1 to 5.
NAZAR AKBAR, JUSTICE
Asim Iqbal and Farmanullah for Petitioners. Rehan Aziz Malik for
Respondent Nos.1 to 5.
PAKISTAN STATE OIL COMPANY LTD. - ER
VS
SHAHABUDDIN K. BHIMANI AND 5 OTHERS --RespondentS
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15---Ejectment of tenant---Willfull default in payment of rent---Ejectment petition was accepted concurrently---Validity---Default in payment of rent had been proved on record through evidence---Constitutional petition was dismissed with cost of Rs. 100,000/- to be paid by the tenants to the landlords within 15 days through Nazir of the Court---Nazir should attach accounts of tenant in case of default in payment of cost within time and use any lawful means for its recovery and after realizing the same should pay to the landlords---Tenants were directed to vacate the tenements within 30 days and handover vacant possession of the same to the landlords. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of facts based on undisputed evidence could not be set aside by the High Court in its constitutional jurisdiction. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:------------------ The Petitioners through this constitutional petition have challenged the findings of Rent Controller dated 31.05.2010 in Rent Case No.620/2008 affirmed by 11` Court of Additional District Judge (Central) Karachi by order dated 30.11.2011 in F.R.A. No.169/2010 whereby the Petitioners on the ground of default in payment of rent were directed to vacate the premises constructed on plot No.SF-22, Block-K, North Nazimabad, Karachi and handover it to Respondent Nos.1 to 5. (The Respondents). 2. Briefly stated, the Petitioners acquired the property bearing No.SF-22, Block-K, North Nazimabad, Karachi (hereinafter the tenement) on rental basis vide Agreement to Lease/Lease Deed dated 06.03.1971, executed between the Petitioners and Messrs Mahinud-ul-Hassan and Khalid Hassan, the then landlord of the tenement. The Respondents through registered Sale Deed acquired the tenement from the previous owner by Conveyance Deed dated 26.09.2002. The Petitioners were duly informed about the change of ownership by the Respondents and from Petitioners' own letters dated 27.11.2002 it is clear that the Petitioners had acknowledged and accepted the Respondents as their landlord. The…
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