Law: Sindh Rented Premises Ordinance, 1979

Section: 15,21

Law: Constitution of Pakistan, 1973

Section: 4,23

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Constitution of Pakistan, Arts. 4 & 23---Eviction of tenant---Bona fide personal need of landlord for business---Scope---Invocation of extra-ordinary constitutional jurisdiction of High Court after availing remedy provided under the relevant-law---Scope---Petitioner/tenant contended that respondent/landlord also owned other properties, through inheritance, to start his business---Validity---Filing of constitutional petition by tenant to delay his/her eviction was deprecated by High Court---High Court while seizing petition under Art. 199 of the Constitution against the of Court or Tribunal of lower jurisdiction could not superimpose its opinion, merely because in its opinion the decision of Tribunal/Court was wrong---Fundamental right of a party guaranteed under Art. 23 of the Constitution could not be sacrificed against the party who had already exhausted his constitutional protection under Art. 4 of the Constitution by availing the remedy provided under the relevant law---High Court directed the petitioner to vacate the demised property within thirty days---Constitutional petition was dismissed accordingly Muhammad Hussain Munir and others v. Sikandar and others PLD 1974 SC 139; Muhammad Sharif v. Muhammad Afzal Sohail PLD 1981 SC 246; Muhammad Bashir v. Sakhawat Hussain 1991 SCMR 846 and Jehangir Rustam Kakalia v. Haswani Sales and Services (Pvt.) Limited 2002 SCMR 241 ref. Mst. Shamim Akhtar v. Zakaria Yousuf and others 1998 CLC 410; Sultan Press Ltd. v. Muhammad Hassan PLD 1985 Kar. 624; Muhammad Saleh v. Haji Abdul Khalique 2001 MLD 1817; Hafiz Ferozeuddin and 2 others v. Arshad Begum and 6 others 2010 CLC 365; Muhammad Younus v. Additional District Judge (VII), Karachi (South) and others 2018 YLR 1284; Allies Book Corporation through L.Rs. v. Sultan Ahmed and others 2006 SCMR 152 and Mst. Shirin Bai v. Famous Art Printers (Pvt.) Ltd. and others 2006 SCMR 117 distinguished. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, J.---- The petitioners through this constitution petition have challenged the concurrent findings of two Courts below. The VIth Rent Controller, South Karachi by…

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