| Citation(s) |
|---|
| 2020 SLG 173 2020 SLD 173 2020 CLC 14 |
Sindh High Court
C.Ps. Nos. S-897 and S-799 of 2010, decision Dated: 01-04-2019. Dates of hearing: 14th March and 1st April, 2019.
NADEEM AKHTAR, JUSTICE
Petitioner(s) by: Muhammad Umar Akhund (in C.P. No.S-897 of 2010 and
Respondent No.2 in C.P. No.S-799 of 2010).
Respondent(s) by: Rahim Junejo holding brief for Muhammad Anwar Tariq (in C.P. No.S-799 of 2010 and respondent No.2 in C.P. No.S-897 of 2010).
C.Ps. Nos. S-897 and S-799 of 2010, decision Dated: 01-04-2019. Dates of hearing: 14th March and 1st April, 2019.
NADEEM AKHTAR, JUSTICE
Petitioner(s) by: Muhammad Umar Akhund (in C.P. No.S-897 of 2010 and
Respondent No.2 in C.P. No.S-799 of 2010).
Respondent(s) by: Rahim Junejo holding brief for Muhammad Anwar Tariq (in C.P. No.S-799 of 2010 and respondent No.2 in C.P. No.S-897 of 2010).
MESSRS SHELL PAKISTAN LIMITED THROUGH AUTHORIZED OFFICER
VS
RANA AZHAR ALI KHAN THROUGH L.RS. AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: Stamp Act, of 1899
Section: 29(c)
Law: Civil Procedure Code (V of 1908)
Section: O.XLI,R.27(1)
Law: Sindh Rented Premises Ordinance, 1979
Section: 10(3),15,15(2)(ii)
(a) Constitution of Pakistan---- ----Art.199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of fact---Such well reasoned findings of fact could not be called in question in the constitutional jurisdiction of the High Court unless there was any jurisdictional defect or misreading or non-reading of evidence. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Stamp Act (II of 1899), S. 29(c)---Lease agreement---Registration of stamp paper by lessee---Scope---Section 29(c) of Stamp Act, 1899, provided that in absence of agreement to the contrary, the expense of providing the proper stamp paper shall be borne by the lessee or intended lessee----No evidence or material whatsoever, was produced by the lessee before the Rent Controller to show that there was agreement between the parties that the lessor was obliged to arrange for registration of the lease deed or to pay the charges/stamps in relation thereto---Under S.29(c) of the Stamp Act, 1899 it was the responsibility of lessor to get the said deed registered and to bear the expenses in respect thereof. (c) Sindh Rented Premises Ordinance (XVII of 1979)---- ----S. 15(2)(ii)---Default in payment of rent---Scope---Payment of rent due within 60 days---Monthly rent was not tendered by the lessee either within period stipulated in the deed or within 60 days from the date when monthly rent became due and payable---In either case the lessee had committed default in payment of monthly rent. (d) Civil Procedure Code (V of 1908)---- -----O. XLI, R. 27(1)-----Production of additional evidence at appellate stage----Principles----First Appellate Court could take additional evidence only if after examining the evidence produced by the parties it came to the conclusion that the same was inherently defective or insufficient, and unless additional evidence was allowed, could not be pronounced---Only such additional evidence could be permitted to be brought on record at the appellate stage which was required by the appellate Court itself for final or conclusive adjudication in the matter, or for any other substantial cause---Sole criterion as to whether additional evidence should be allowed…
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