Case Details

Citation(s)
2013 SLG 2705 2013 SLD 2705 2013 YLR 1673
Sindh High Court
Constitutional Petition No. S-591 of 2012, decided on 7th May, 2013. dates of hearing: 2nd, 25th April and 7th May, 2013
FAROOQ ALI CHANNA, J
Syed Mehmood Alam Rizvi for Petitioner. Farrukh Usman for
Respondents

ABDUL MAJID

VS

MASHKOOR AHMED and 2 others

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S.15---Constitution of Pakistan, Art.199--Constitutional petition--- Ejectment proceedings---Ejectment petition filed by the son of deceased landlady owner of the property---Property was not mutated in the name of son of landlady---Petitioner tenant denied the title of ownership of son of landlady---Effect---Property was still mutated in the name of deceased mother but the same shall not disentitle son from his claim to be the owner of property---Under Muslim law a presumptive heir on death of his predecessor acquires all rights in the property by operation of law and did not need any letter of administration for exercising the property rights in respect of property so inherited. Miumtaz Ahmed v. Mst. Razia Zaheer 1993 CLC 1602 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199--- Constitutional petition---Main-tainability--- Ejectment proceedings---Personal bona fide need of landlord---Concurrent findings of two courts below---Effect---Respondent landlord had sought eviction of petitioner on the ground of his personal bona fide need, which could only be decided on the basis of evidence---Both the parties had led the evidence in support of their contentions and both the courts below after considering and discussing the evidence thoroughly had come to concurrent findings that respondent had made out his case of requiring the premises in question for his personal bona fide use---High Court, in exercise of its constitutional jurisdiction, in such a case was not supposed to interfere in the concurrent findings on the controversial questions of facts based on evidence even if such findings were erroneous. Mrs. Shahnoor Fazal v. Ghulam Akbar Mangi 1987 SCMR 2051; Muhammad Hafeez and another v. District Judge, Karachi (East) and another 2008 SCMR 398; Shajar Islam v. Muhammad Siddique and 2 others PLD 2007 S.C 45; Ittehad Chemical Ltd. v. VIIth Additional District and Sessions Judge and others 2010 CLC 599; Mumtaz Ahmed v. Mst. Razia Zaheer 1993 CLC 1602; Khursheedul Islam v. Mrs. Qamar Jahan 1989 CLC 1467; Habib-ur-Rehman and 7 others v. VIIth Additional…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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