Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15,18

(a) Constitution of Pakistan-------Art. 199---Constitutional jurisdiction---Scope---Findings of fact---Different view---Interference by High Court---Principles---Findings on facts recorded by competent tribunal can be interfered with by High Court in exercise of Constitutional jurisdiction, if the same was based on no evidence or was recorded by ignorance of material evidence on record---Findings of facts cannot be interfered with by High Court in its Constitutional jurisdiction merely on the ground that different view on the basis of the same evidence was possible---If any misreading or non-reading is noted which has caused serious prejudice to a particular party, in that event jurisdiction under Art.199 of the Constitution is to be invoked and illegality committed by the court below is to be rectified---If it is found that findings of courts below are in accordance with law and also in line with the evidence on record, normally no interference is called for. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment application---Maintainability---Invalid power of attorney---Power of attorney was executed by landlord in year, 2003, whereas property in question was purchased by landlord in February, 2005---Effect---Landlord was neither owner of the property nor landlord of tenant in year, 2003, hence he had no authority to appoint attorney for filing of rent case against tenant. (c) Sindh Rented Premises Ordinance (XVII of 1979)- ----S. 18---Scope and object of S.18, Sindh Rented Premises Ordinance, 1979---Change of ownership--- Notice--- Object, scope and purpose--- Mandatory under section 18 of Sindh Rented Premises Ordinance, 1979, on the part of new owner,, to serve notice under registered post upon his tenant and if the latter, upon receipt of such notice, pays rent due within thirty days from the date when intimation should, in normal course, have reached the tenant, he is not be deemed to have defaulted---Section 18 is a beneficial provision, designed and intended for benefit of tenants and the same has to be construed liberally so that it may suppress the mischief aimed at, and may advance remedy---Notice in terms of section 18 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492