Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Power of attorney---Ratification of authority---Death of principal--Eviction of petitioner/tenant was sought by a person holding joint power of attorney executed by two Matwali of the trust---Rent Controller and Lower Appellate Court concurrently passed eviction order---Petitioner/tenant assailed eviction proceedings on the plea that one of the two principals who executed power of attorney had died before filing of rent case---Validity---Current Mutawalis had the authority under Waqfnama to appoint a person to institute proceedings for eviction of petitioner/tenant---It was open to Mutawalis to ratify unauthorized act on the part of attorney, as the defect was curable---Defect had already been impliedly achieved by defending appeal before Lower Appellate Court and proceedings before High Court---High Court declined to interfere in concurrent orders passed by two Courts below---Constitutional petition was dismissed, in circumstances.Javed Arshad Mirza v. Trustees of Haji Sir Abdullah Haroon and others PLD 2005 Kar. 684; Moiz Abbas v. Mrs. Latifa 2019 SCMR 74; S.D.O./ A.M., Hasht Nagri Sub-Division, PESCO, Peshawar and others v. Khawazan Zad 2023 SCMR 174; Rahat And Company through Syed Naveed Hussain Shah v. Trading Corporation of Pakistan Statutory Corporation, Finance and Trade Center through Secretary or Chief Executive Officer PLD 2020 SC 366; Justice Khurshid Anwar Bhinder v. Federation of Pakistan PLD 2010 SC 483 and Dr. Iqrar Ahmad Khan v. Dr. Muhammad Ashraf 2021 SCMR 1509 ref.Date of hearing: 12th May, 2023.ORDERMOHAMMAD ABDUR RAHMAN, J.---The Petitioner has maintained thisPetition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 against the Judgement dated 3 February 2021 passed by the IIIrd Additional District and Sessions Judge, Karachi (South) in F.R.A. No. 275 of 2019 upholding the order dated 22 October 2019 passed by the VIIth Rent Controller, Karachi (South) in Rent Case No. 21 of 2014.2.    The Respondent No. 1 is a Waqf the Mutawalis of which are inter…