Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Rented Premises Ordinance, 1979

Section: 4, 10-A, 16(2), 21, 22

Law: Code Of Civil Procedure, 1908.

Section: 151

Summary of Case The petitioner, Sarfarazuddin, filed a Constitutional Petition under Article 199 of the Constitution of Pakistan, 1973 challenging the orders passed by the Rent Controller and Additional District & Sessions Judge regarding execution of an ejectment order. The petitioner argued that the Rent Controller failed to properly decide his objections under Section 22 of the Sindh Rented Premises Ordinance, 1979 (SRPO) regarding execution, discharge, and satisfaction of the ejectment order. He claimed that refusal to examine these objections violated his right to due process and deprived him of property unlawfully. The respondent/landlord had already obtained an ejectment order against the petitioner, which had been upheld by the appellate court, High Court, and Supreme Court. During execution proceedings, the petitioner attempted to challenge issues relating to default of rent. The Court held that an executing court cannot go behind a final judgment or decree and that Section 22 SRPO only permits consideration of matters relating to execution, discharge, or satisfaction—not issues already decided in the original proceedings. Since the ejectment order had attained finality, no illegality or jurisdictional error was found. The Constitutional Petition was dismissed, and the executing court was directed to proceed with execution according to law. Sections / Provisions Used Article 199, Constitution of Pakistan, 1973 Constitutional jurisdiction of High Court. Article 4, Constitution of Pakistan, 1973 Right to be treated in accordance with law. Article 10-A, Constitution of Pakistan, 1973 Right to fair trial and due process. Section 16(2), Sindh Rented Premises Ordinance, 1979 Striking off defence of tenant. Section 21, Sindh Rented Premises Ordinance, 1979 Appeal against rent order. Section 22, Sindh Rented Premises Ordinance, 1979 Execution, discharge, and satisfaction objections. Section 151, Civil Procedure Code, 1908 Inherent powers of court. Case Description (2 Words Each) Rent Execution Ejectment Dispute ORDER  Petitioner Sarfarazuddin has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of…