| Citation(s) |
|---|
| 2020 SLG 2181 2020 SLD 2181 2020 YLR 1886 |
Sindh High Court, Sukkur Bench
Constitutional Petition No. S-2117 of 2018, decision Dated:20-11-2019, hearing Date : 29-10-2019.
AZIZ-UR-REHMAN, JUSTICE
Naveed Ali for Petitioner.Muhammad Hanif Qureshi for
Respondents Nos.1 to 4.
Constitutional Petition No. S-2117 of 2018, decision Dated:20-11-2019, hearing Date : 29-10-2019.
AZIZ-UR-REHMAN, JUSTICE
Naveed Ali for Petitioner.Muhammad Hanif Qureshi for
Respondents Nos.1 to 4.
WASEEM KHANVSASIM HUSSAIN AND 5 OTHERS
Law: Sindh Rented Premises Ordinance, 1979
Section: 15,2(i)
Law: Transfer of Property Act, 1882
Section: 53-A
Law: Qanun-e-Shahadat (10 of 1984)
Section: 132
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 2(i)---Transfer of Property Act (IV of 1882), S. 53-A---Qanun-e-Shahadat (10 of 1984), Art.132---Ejectment of tenant---Default in payment of rent---Sale agreement--- Effect--- Eviction petition was accepted concurrently--- Validity--- Tenant had committed default with regard to payment of rent, electricity and water charges---Tenant had failed to file written reply and produce evidence to confront the witness of landlords---Assertions of landlords had been admitted by the tenant, in circumstances---Fact which had been deposed in examination-in-chief and not cross-examined should be deemed to have been admitted---Contents of document filed with the plaint or ejectment petition should be presumed as correct until and unless satisfactory material or evidence had been produced against the same---Mere sale agreement did not confer any right of ownership---Ejectment order could be executed against a person who had possessed demised premises through tenant---Concurrent findings recorded by the Courts below could be interfered with by the High Court in its constitutional jurisdiction when there was any material illegality, irregularity, mis-reading or non-reading of evidence on record---Orders passed by the Courts did not suffer from any illegality, irregularity, mis-reading or non-reading of evidence---Constitutional petition was dismissed in circumstances. Syed Saghir Ahmed Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi 1996 SCMR 116; Bank Al-Falah Limited v. Inter Global Commerce Pakistan (Pvt.) Ltd.and 5 others 2017 CLD 1428; Wajid Ali Khan v. Shaikh Murtaza Ali and 2 others 2003 SCMR 1416; Abdul Ghafoor v. Mst. Amtul Saeeda 1999 SCMR 28; Muhammad Tariq Mahmood and 2 others v. Anjuman Kashmiri Bradari Khisht Faroshan through President Abdul Ashfaq and 21 others 2003 CLC 335; Dr. Aftab Shah v. Pakistan Employees Cooperative Housing Society Ltd. and 5 others 2006 CLC 342; Ghulam Rasool through Legal Heirs and others v. Muhammad Hussain and others PLD 2011 SC 119; Muhammad Yasin v. Shabbir Ahmed 1985 CLC 2111; Muhammad Arif v. Karachi Port Trust through Board of Trustees 2009 MLD 686…
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