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| 2026 SLG 1410 2026 SLD 1410 = 2026 PLJ 10 |
Sindh High Court
Const. P. No. S-513 of 2024, decided on 4.12.2025.
Presented By: Nisar Ahmed Bhanbhro, J.
Ms. Irum Rasheed, Advocate for Petitioner. Mr. Jehan Zaib, Advocate for
Respondent. Mr. Ali Zardari, Assistant Advocate General Sindh. Date of hearing: 4.12.2025.
Const. P. No. S-513 of 2024, decided on 4.12.2025.
Presented By: Nisar Ahmed Bhanbhro, J.
Ms. Irum Rasheed, Advocate for Petitioner. Mr. Jehan Zaib, Advocate for
Respondent. Mr. Ali Zardari, Assistant Advocate General Sindh. Date of hearing: 4.12.2025.
MUHAMMAD SADIQ @ ALAM--Petitioner
VERSUS
ABDUL SATTAR and others--Respondents
Law: Sindh Rented Premises Ordinance, 1979
Section: 15(2)(i)(ii)
Law: Constitution of Pakistan, 1973
Section: 199
PLJ 2026 Karachi 10 = Sindh Rent Premises Ordinance, 1979 (XVII of 1979)-- ----S. 15(2)(i)(ii)--Constitution of Pakistan, 1973, Art. 199--Qanun-e-Shahadat Order, 1984 (10 of 1984), Art. 162--Application for ejectment--Allowed--Appeal--Dismissed--Default in payment--Personal bona fide need--Improper affidavit in evidence after death of landlord--Fresh evidence required--Remand to--From perusal of above piece of evidence it reflect that this case was decided on basis of improper piece of evidence which was not admissible--On death of applicant Abdul Sattar his legal heirs were impleaded as party to proceedings, it was incumbent upon parties to file fresh affidavit-in-evidence showing their own personal bona fide need--Article 162 of Qanoon-e-Shahadat Order, 1984 requires a denovo trial when improper piece of evidence was admitted and relied upon to decide fate of case-- In order to provide proper chance of trial it would be appropriate that matter be remanded back to learned trial Court for recording evidence of applicant afresh--After affording right of cross examination to either side, rent case shall be decided on merits--Petition allowed. [P. 12] A & B Order Through this petition, petitioner has challenged the concurrent findings of the Courts below whereby the ejectment application filed by deceased Abdul Sattar was allowed vide order dated 24.08.2022 passed by the IXth Rent Controller Karachi-Central in rent case No. 72 of 2019 (re: Abdul Sattar– v – Muhammad Sadiq @ Alam) and appeal filed by the petitioner was dismissed vide judgment dated 17.04.2024 passed by the IV-Additional District & Sessions Judge Karachi-Central in F.R.A. No. 184 of 2022 (re: Muhammad Sadiq @ Alam v. Abdul Sattar & Ors.) 2. Ms. Irum Rasheed, learned counsel for the petitioner submits that the petitioner was not defaulter in payment of rent and he regularly paid rent sometimes even in advance which fact very much…