Law: Sindh Rented Premises Ordinance, 1979

Section: XVII,15(2)

Law: Civil Procedure Code (V of 1908)

Section: XLI,24

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(2)---Constitution of Pakistan, Art. 199---Constitutional petition--Ejectment of tenant---Default in payment of rent and bona fide personal need of land lord---Denial of relation of landlord and tenant on the ground of business partnership---Ejectment application filed by the landlord was dismissed by the Rent Controller but Appellate Court ordered eviction---Validity---Petitioner though asserted that he was not a tenant of the landlord and was enjoying the premises in the capacity of partner, but failed to place on record any evidence or any other material that might prove his plea, whereas sufficient material had been placed on record on behalf of the landlord on the point of existence of relationship of landlord and tenant, commission of default and personal bona fide need---Constitutional petition was dismissed, in circumstances.(b)    Civil Procedure Code (V of 1908)-------O. XLI, R. 24---Sindh Rented Premises Ordinance (XVII of 1979), S.15(2)--Where evidence on record sufficient---Power of Appellate court to determine case finally---Scope---Plea of the petitioner (tenant) was that the Appellate Court instead of passing the eviction order should have remanded the matter to the Rent Controller---Validity---Appellate Court while deciding a matter, if found fit, may decide the case on merits without remanding the case to the Trial Court--Remanding of case causes prolongation of the agony of the parties---Plea of petitioner was rejected.Ashiq Ali v. Mst. Zamir Fatima PLD 2004 SC 10 rel.(c)    Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of High Court---Scope---Conflicting decisions of courts below---Decision of Appellate Court---Preference---In case of conflicting decisions, the Appellate Court's findings should be given weight and respect unless it is clear from the record that such findings are not evidence-based and are materially illegal.Rao Abdul Rehman (deceased) through legal heirs v. Muhammad Afzal (deceased) through legal heirs and others 2023 SCMR 815 rel..Date of hearing: 8th November,…