| Citation(s) |
|---|
| 2026 SLG 595 2026 SLD 595 = 2026 SHC 293 |
Sindh High Court
Constitutional Petition No. S-121 of 2026 Constitutional Petition No. S-122 of 2026 Constitutional Petition No. S-123 of 2026 Constitutional Petition No. S-124 of 2026 Constitutional Petition No. S-125 of 2026
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Zulfiqar Ali Sangi
Date of hearing and order:-06.02.2026Mr. Atta Muhammad Khan advocate for the petitioners in all petitions.
Constitutional Petition No. S-121 of 2026 Constitutional Petition No. S-122 of 2026 Constitutional Petition No. S-123 of 2026 Constitutional Petition No. S-124 of 2026 Constitutional Petition No. S-125 of 2026
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Zulfiqar Ali Sangi
Date of hearing and order:-06.02.2026Mr. Atta Muhammad Khan advocate for the petitioners in all petitions.
Moinuddin
VS
Mst. Gulnar Liaquat Abdul Wahid VS Mst. Gulnar Liaquat Zulfiqar Ali VS Gulnar Liaquat Zulfiqar Ali VS Gulnar Liaquat Muhammad Akram VS Gulnar Liaquat
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Rented Premises Ordinance, 1979
Section: 15,16(1)
Summary: The petitioners filed constitutional petitions under Article 199 of the Constitution, challenging the order of the VIII-Rent Controller Karachi Central, which rejected their applications to dismiss ejectment/rent cases filed by the respondent. The core issue was whether the petitioners were tenants or rightful owners of the disputed premises based on Sale Agreements. The petitioners argued that ownership disputes ousted the Rent Controller’s jurisdiction. The Rent Controller, however, held that once a rent application is admitted, it cannot be dismissed at an interlocutory stage and ownership/tenancy disputes must be resolved after recording evidence. The Court upheld this, dismissing the petitions, and observed that the Rent Controller acted within his jurisdiction and applied settled law. Sections Used: Article 199, Constitution of Pakistan, 1973 – Constitutional petition for enforcement of rights. Sindh Rented Premises Ordinance, 1979 – Sections 15 and 16(1) relating to ejectment and landlord/tenant rights. 2 Two-Word Descriptions: Ownership Dispute Rent Proceedings O R D E R Petitioners above named have filed the captioned petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: To suspend the operation of the order dated 09.1.2026 and dismiss the rent application of the respondent No.l . To direct the respondent No.2 not proceed with the matter till final decision of this petition. The petitioners, being aggrieved and dissatisfied with the order dated 09.01.2026 passed by the learned VIII-Rent Controller Karachi Central whereby the petitioners' applications for dismissal of the rent case were rejected, and the petitioners were directed to file an affidavit-in-evidence, have impugned the said order as being illegal, unlawful, and contrary to facts and law. It appears from the record that, the respondent No.1 filed an ejectment application under Sections 15 and 16(1) of the Sindh Rented Premises Ordinance, 1979, claiming herself to be the lawful owner of Shop No. 03 (CP No. S 121/2026), Shop No. 01 (CP No.S-122/2026), Shop No.04 (CP No. S- 12/2026), Shop…