Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Code Of Civil Procedure, 1908.

Section: 144, 151, 13, 151

ummary The tenant challenged concurrent rent court decisions ordering his eviction on the grounds of willful default in rent payment and the landlady's bona fide personal requirement. He also challenged execution proceedings and sought restoration of possession. The High Court held that a tenant cannot challenge the landlord's title or family settlement among legal heirs, upheld the concurrent findings of the lower courts, found no jurisdictional error under Article 199 of the Constitution, and dismissed all constitutional petitions. Sections Used (Numbers Only) 199, 15, 144, 151, 13, 151 Laws Used Article 199 – Constitution of the Islamic Republic of Pakistan, 1973 Section 15 – Sindh Rented Premises Ordinance, 1979 Order IX Rule 13 – Code of Civil Procedure, 1908 (CPC) Section 144 – Code of Civil Procedure, 1908 (CPC) Section 151 – Code of Civil Procedure, 1908 (CPC) Two 2-Word Descriptions Tenant Eviction Rent Default         J U D G M E N T  By this common judgment, the above-captioned three constitutional petitions are being disposed of, as they arise out of the same rent proceedings and challenge different judgments/ orders passed by the learned Rent Controller and the learned Appellate Court. Through the leading Constitutional Petition No. S-55 of 2023, the petitioner/tenant has assailed the concurrent findings recorded by the learned XII-Rent Controller, Karachi East, vide judgment dated 30.04.2022 passed in Rent Case No.124 of 2019, whereby the ejectment application filed by Respondent No.1 (landlady) was allowed, as well as the judgment dated 03.12.2022 passed by the learned X-Additional District Judge, Karachi East, in F.R.A. No.142 of 2022, whereby the appeal was dismissed. During the pendency of the appeal, Rent Execution No.08 of 2022 was allowed vide order dated 21.09.2022 and writ of possession was issued, pursuant whereto possession of the demised premises was handed over to Respondent No.1. The petitioner’s application under Order IX Rule 13 CPC read with Section 151 CPC, seeking setting aside of the execution order, was dismissed on 07.01.2023. Both these orders are subject…