Law: Sindh Rented Premises Ordinance, 1979

Section: 15

1. Sindh Rented Premises Ordinance (XVII of 1979)---

---S. 15---Eviction of tenant---Execution proceedings---Scope---Tenant challenging only the execution proceedings rather than the original eviction order---Effect---In the present case tenant (petitioner) had only challenged the execution proceedings rather than the original eviction order passed by the Rent Controller---As the eviction order itself had not been challenged, it remained legally valid and enforceable unless it had been set aside by any competent court of law---Hence, the Supreme Court cannot address the grievances of the tenant (petitioner) pertaining to the issue that eviction order passed by Rent Controller was illegal---In the impugned order the High Court had solely prescribed a timeframe for vacating the demised premises---Within the framework of execution proceedings, the courts are precluded from deliberating on the merits of the underlying case---Execution proceedings are confined to the implementation of judicial decisions and do not extend to an examination of the substantive issues that may have been previously adjudicated---Accordingly, the Rent Controller was duty bound to act solely in accordance with the law and to enforce the eviction order, without the latitude to scrutinize, question, or revisit the merits thereof---Similarly, the High Court was bound by the same constraints---Thus, the decisions rendered by the Rent Controller and the High Court in the execution proceedings were justified and legally apt---Petition filed by tenant was dismissed and leave was refused.

1. Constitution of Pakistan---

----Art. 185(3)---Appellate jurisdiction of the Supreme Court---Scope---While exercising jurisdiction under Article 185(3) of the Constitution, the Supreme Court does not normally go beyond the findings of the High Court unless it can be shown that such finding is, on the face of it, perverse or against the evidence.