| Citation(s) |
|---|
| 2026 SLG 1986 2026 SLD 1986 = 2026 CLC 271 |
Sindh High Court
Constitutional Petition No. S-1117 of 2023, decided on 20th February, 2025.
Presented By: Before Zulfiqar Ahmad Khan, J
Zayad Khan Abbasi for Petitioner. Faqir Ghazi for
Respondent No. 1.
Constitutional Petition No. S-1117 of 2023, decided on 20th February, 2025.
Presented By: Before Zulfiqar Ahmad Khan, J
Zayad Khan Abbasi for Petitioner. Faqir Ghazi for
Respondent No. 1.
Sayed MUHAMMAD ALI ---Petitioner
VERSUS
SHAHZAD ABDUL RASHEED and 3 others ---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Rented Premises Ordinance, 1979
Section: XVII,15
(a) Constitution of Pakistan--- ----Art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15--Ejectment proceedings---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---Jurisdiction under Art. 199 of the Constitution cannot be invoked as substitute of another appeal against the order of the Appellate Court---Therefore, mere fact that upon perusal of evidence there exists possibility of a different view would never be sufficient to seek concurrent findings disturbed by invoking constitutional jurisdiction of the High Court---Constitutional Petition was dismissed. Shakeel Ahmed and another v. Muhammad Tariq Farogh and others 2010 SCMR 1925 ref. (b) Constitution of Pakistan--- ----Art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15--Ejectment of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---While pressing constitutional jurisdiction in such like matter, the petitioner must establish that the findings of two Courts below, particularly of Appellate Court, are prima facie not in accordance with law and available material---There is no denial to existence of relationship of landlord and tenant between the parties and in such like matter the claim is to be accepted once landlord states on oath and same goes un-shattered in crossexaminantion---Constitutional petition was dismissed. Pakistan Institute of International Affairs v. Naveed Merchant and others 2012 SCMR 1498 ref. (c) Constitution of Pakistan--- ----Art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15--Ejectment of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---The ambit of a constitutional petition is not that of a forum of appeal, nor does it automatically become such a forum in instances where no further appeal is provided, and is restricted inter alia to appreciate whether any manifest illegality is apparent from the order impugned---Where the fora of subordinate jurisdiction has exercised its discretion in one way and that discretion has been judicially exercised on sound principles the supervisory…