Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Transfer of Property Act, 1882

Section: 54

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Ejectment petition---Title of ownership was disputed and no evidence was available showing the lease agreement of tenancy between the parties---Rent Controller, having limited jurisdiction in the proceedings, could not decide title of ownership while exercising the special jurisdiction but same required determination by civil court of competent jurisdiction. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 ---Transfer of Property Act (IV of 1882), S.54---Ejectment petition---Title of ownership was disputed---Vendor could not pass on to the vendee anything better than he himself held---Vendee was to apply maximum care while entering into transaction of sale/purchase---Title of vendee being dependent upon the strength or weakness of the title of the seller, he had to sail, swim or sink with the seller and to pursue him for any loss suffered, if he was ultimately loser. Muhammad Shamim v. Mst. Nisar Fatima 2010 SCMR 18; Muhammad Iqbal and another v. Mukhtar Ahmad 2008 SCMR 855; Hakim Khan v. Nazeer Ahmed Lughmani 1992 SCMR 1832 and Muhammad Akram v. Altaf Ahmad PLD 2003 SC 688 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition Rent Controller, without having jurisdiction, determined question of law and fact involving ownership in respect of landlord---Constitutional jurisdiction could be invoked if order was perverse and suffered from illegality or irregularity and such jurisdiction could be exercised to interfere with concurrent findings---Findings were based on non-reading of evidence including documentary and wrong and illegal conclusion, drawn by the courts below, was not based on facts---Orders of courts below were suspended by High Court till determination of title of property. Rehmat Ally M. Rajput for Petitioner. Gulab Rai Jessrani for Respondents. Date of hearing: 14th February, 2013. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.--- Petitioner Hakim Mairajuddin has assailed concurrent findings of two courts below, whereby his eviction from case premises CS No.646/2, Ward No.2, Jacobabad passed by Rent…

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