| Citation(s) |
|---|
| 2021 SLG 101 2021 SLD 101 2021 PLD 13 |
Sindh High Court
C. Ps. Nos. S-598 and 999 of 2013, decision Dated: 9-11-2017, hearing Date : 31st October, 2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Ziauddin Junejo, A.A.G. along with Ghulam Mustafa Mahesar, A.A.G. and Aale Maqbool Rizvi, A.A.G. for Petitioners (in both the Petitions). Mureed Ali Shah for
Respondent No.1 (in both Petitions). Nemo for
Respondent No.2 (in C.P. No. 598 of 2013 and Resp
C. Ps. Nos. S-598 and 999 of 2013, decision Dated: 9-11-2017, hearing Date : 31st October, 2017.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Ziauddin Junejo, A.A.G. along with Ghulam Mustafa Mahesar, A.A.G. and Aale Maqbool Rizvi, A.A.G. for Petitioners (in both the Petitions). Mureed Ali Shah for
Respondent No.1 (in both Petitions). Nemo for
Respondent No.2 (in C.P. No. 598 of 2013 and Resp
THE PROVINCE OF SINDH THROUGH SECRETARY, EDUCATION AND LITERACY DEPARTMENT, KARACHI
VS
THE ISLAMIC EDUCATION TRUST THROUGH OFFICIAL ASSIGNEE, KARACHI AND OTHERS
Law: Sindh Rented Premises Ordinance, 1979
Section: 15,3
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 3---Privately Managed Schools and Colleges (Taking Over) Regulation [MLR No.118 of 1972], Regln. 4---Eviction petition---Scope assailed several orders passed by Rent Controller and Additional District Judge---Validity---Held; ejectment application was filed in accordance with law and the applicability of S. 3 of Sindh Rented Premises Ordinance, 1979, was resisted by the Rent Controller as well as by the Appellate Court on the strength of the fact that MLR 118 of 1972 was only in respect of running the management of schools and colleges and the title of property was not altered---Relationship of landlord and tenant could not be deemed to be non-existent or ceased to be in existence by virtue of MLR 118 of 1972---Impugned orders were not found to be either void or without jurisdiction---Constitutional petitions were dismissed. Director of Schools v. Zaheeruddin 1996 SCMR 1767; Government of Punjab v. Anjamun-i-Tarraqi-i-Talim PLD 2011 Lah. 258; Syed Muhammad Alam v. Syed Mehdi Hussain PLD 1970 Lah. 6; Islamia Law College v. Islamic Education Trust C.P.L.A. No.869-K of 2001; Government of Punjab v. Board of Foreign Missions PLD 1988 SC 382 Sister Marry John v. Government of Punjab 1999 SCMR 2235 and Province of Punjab v. Muhammad Ilyas 2000 SCMR 893 ref. Government of Sindh v. Delhi Anglo Arabic College 2009 SCMR 315 and Government of Sindh v. Khalil-ur-Rehman Civil Appeal No.1544 of 2000 rel. JUDGMENT MUHAMMAD SHAFI SIDDIQUI, JUSTICE:---.--- These petitions are filed by Government of Sindh through Secretary Education and Literacy Department, challenging different orders passed by the Rent Controller and by Additional District Judge. The orders impugned include (i) an order dated 26.04.2008, which is an ejectment order, (ii) order dated 18.04.2012 which is order dismissing the application under section 12(2), C.P.C., (iii) order dated 29.09.2012 whereby petitioner seeks to implead Secretary Government of Sindh, Education Karachi, instead of CDGK which was dismissed, (iv) order dated 15.10.2012 allowing the execution application, 02.11.2012 allowing writ of possession with police aid, (v) order dated…
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