Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Eviction application---Trust property---Scope---Eviction applications were filed by respondent in his own name and not on behalf of the trust by pleading therein that he was “the lawful attorney of the owner” of the demised premises; it was not disclosed or pleaded by him that the demised premises were owned by the Trust or he was the landlord and the name of the Trust was not even mentioned anywhere in the applications---Question whether or not respondent had authority to file eviction applications on behalf of the trust was not discussed by the Rent Controller---Indeed an additional issue could be framed at the appellate stage and the parties could be allowed by the appellate court to adduce additional evidence in appeal, but such an exercise could be undertaken by the appellate court and not by the High Court in the petition under Art.199 of the Constitution---Impugned s were set aside and the cases were remanded to the Rent Controller with direction to frame a point for determination regarding maintainability of the eviction applications in view of the preliminary legal objections raised by the petitioners---Constitutional petitions were disposed of accordingly. Yousaf and another v. Muhammad Zubair and another PLD 1986 SC 154, Standard Vacuum Oil company v. Mir Laik Ali and others PLD 1962 (W.P.) Karachi 727; The Darul Uloom Naieemia Trust v. Munir Ahmed 1984 CLC 3483 and Okhai Memon Jamia Masjid Trust and another v. IIIrd A.D.J. Karachi (Central) and others 2007 YLR 2083 distinguished. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Scope---High Court in its constitutional jurisdiction can look into the legality or otherwise of the proceedings before lower courts and the orders and s pronounced by them or any jurisdictional defect therein. ORDER NADEEM AKHTAR, J.----Rent Case Nos. 391/2016, 392/2016 and 393/2016 were filed by respondent No.2 Abdul Hameed Mayet against the petitioners Mehmood Asghar, Mst. Nasreen Mehmood and Abdul Hameed Asghar seeking their eviction from ground, mezzanine and first floor of the building constructed on Plot No.25-C, Survey Sheet…

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