Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Facts not pleaded---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / tenant was aggrieved of eviction order passed by two Courts below---Rent Controller held regarding alleged impairment of material value and utility of demised premises that those were used by petitioner / tenant as godown---Such was a purpose other than the purpose for which premises was let out---Validity---Respondent /landlord did not plead such fact in its eviction application nor made any such allegation therein---No point for determination was framed, nor was any evidence led in such behalf and respondent / landlord conceded to the position--- Finding of Rent Controller was beyond pleadings and evidence on record and was unjustified, uncalled for and illegal--- Both the Courts did not appreciate evidence on record in its true perspective and by not applying the law correctly, Rent Controller failed in exercising jurisdiction vested in him by law and by maintaining such illegal order, Lower Appellate Court committed a grave error in law--- High Court in exercise of Constitutional jurisdiction set aside illegal concurrent findings of two Courts below and ejectment application was dismissed---Constitutional petition was allowed, in circumstances. Mrs. Fatima and another v. Orient Travels (Pvt.) Ltd. through Chief Executive Tenant and 2 others 2009 MLD 1033; Mst. Fakhra Begum and others v. Mst. Sadia Ashraf and others 2012 SCMR 1931; Dr. Nazar Ali v. Qutabuddin and 2 others 2007 MLD 1700; Waheed Ahmed and others v. Babar Khan and others 2016 CLC 1732 and Mst. Zahida Perveen and another v. Iftikhar Hussain and 2 others 2019 YLR 474 ref. Zainul Abidin Jatoi for Petitioner. Asif Ali Mastoi Respondent No.1. IIIrd Rent Controller Karachi South and IInd Additional District Judge, Karachi South Respondents Nos.2 and 3. Dates of hearing: 15th December, 2021 and 16th February, 2022. ORDER NADEEM AKHTAR, J.----Rent Case No. 1181 of 2017 was filed by respondent No.1 against the petitioner under Section…

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