Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---New plea---Scope---Point not raised before Trial Court cannot be agitated before High Court in constitutional petition. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord---Concurrent findings of fact by two courts below---Ejectment application filed by landlord was allowed by Rent Controller accepting plea of bona fide need of landlord for his sons and the order was maintained by Lower Appellate Court---Validity---Rent Controller held that it was established that landlord required demised premises for personal use of his sons and answered issue in favour of landlord---Such finding of landlord was upheld by Lower Appellate Court, there were concurrent findings of two courts below against tenant and the same could not be disturbed unless it was shown that findings were against evidence on record---Tenant failed to point out any illegality or infirmity in eviction orders passed by two courts below---High Court declined to interfere in concurrent findings of two courts below---Constitutional petition was dismissed in circumstances. Muhammad Abdullah v. Sughra Begum 1988 CLC 2078; Muhammad Mustaqeem through L.Rs. v. Abdul Haleem through L.Rs. 1992 CLC 435; Allies Book Corporation v. Sultan Ahmad and others 2006 SCMR 152; Azim Khan through Attorney v. Muhammad Hussain and others 2003 CLC 278; Ali Muzaffar through L.Rs. v. Syed Muhammad Ali Abedi through L.Rs. and others 2006 CLC 379; Muhammad Iqbal v. Muhammad Naeem and others PLD 2006 Kar. 658 and Abdul Rehman and another v. Zia-ul-Haq Makhdoom 2012 SCMR 954 ref. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, JUSTICE:---.--- The petitioner is aggrieved by the judgment dated 3-4-2008 passed by learned VII Additional District Judge, Karachi South, whereby he dismissed the First Rent Appeal No.318 of 2006 filed by the petitioner against the Order dated 4-10-2006 passed by the IV Rent Controller, Karachi South allowing the ejectment application filed by the respondent No.1 and ordering ejectment of the…

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