| Citation(s) |
|---|
| 2026 SLD 3324 = 2026 SHC 422 |
Sindh High Court
CP No.S-1011 of 2023,CP No.S-1012 of 2023
Presented By: Adnan-ul-Karim Memon, J.
Date of hearing and order:- 23.02.2026 Mr. Ghulam Abbas Pishori Advocate for the Petitioner in C.P. No. S-1011/2023 and in C.P. No. S-1012/2023 Mr. Mujahid Bhatti advocate for the respondent in C.P. No. S-1011/2023 and C.P. No. S-1012/2023
CP No.S-1011 of 2023,CP No.S-1012 of 2023
Presented By: Adnan-ul-Karim Memon, J.
Date of hearing and order:- 23.02.2026 Mr. Ghulam Abbas Pishori Advocate for the Petitioner in C.P. No. S-1011/2023 and in C.P. No. S-1012/2023 Mr. Mujahid Bhatti advocate for the respondent in C.P. No. S-1011/2023 and C.P. No. S-1012/2023
(A. Tahir through its Proprietor Abbas Bandukwala & others
VERSUS
X-ADJ Karachi South & others),(Ebrahim Abdul Ali versus X-ADJ Karachi South and others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Sindh Rented Premises Ordinance, 1979
Section: 10,10(3),15,15(2)(ii)
Summary: The petitioners/tenants challenged the judgment dated 22.08.2023 passed by the Appellate Rent Court, which allowed the landlords’ appeals and ordered eviction on the ground of willful default in payment of rent. The tenants argued that they had attempted to pay rent through postal money orders and had complied with the requirements of the Sindh Rented Premises Ordinance, 1979. The landlords contended that the tenants failed to prove valid tender or deposit of rent and were liable for eviction. The High Court examined the evidence and held that the tenants failed to establish lawful payment or tender of rent under the statutory procedure. The Court upheld the finding of willful default and dismissed the constitutional petitions, holding that Article 199 jurisdiction cannot be used for reappraisal of evidence. Sections / Articles Used: Article 199, Constitution of Pakistan, 1973 Section 10, Sindh Rented Premises Ordinance, 1979 Section 10(3), Sindh Rented Premises Ordinance, 1979 Section 15, Sindh Rented Premises Ordinance, 1979 Section 15(2)(ii), Sindh Rented Premises Ordinance, 1979 2 Two-Word Descriptions: Rent Default Tenant Eviction O R D E R Petitioner Ebrahim Abdul Ali in C.P. No. S-1011/2023 has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking the following reliefs: Send for the records and proceedings of the Rent Case No.878 of 2020 from the Tenth Court of Senior Civil Judge and Rent Controller, Karachi South. Send for the records and proceedings of the First Rent Appeal No. 279 of 2022 from the Court of Xth ADJ Karachi South and Session Judge (Model Court) Karachi South. Admit and allow the petition, by setting aside the Impugned judgment dated 22nd August 2023, passed by respondent o.1, and restore the judgment dated 29th October 2022, passed by the learned Rent Controller, the respondent NO.2; In the meantime, suspend the Operation of the Judgment dated 22nd August 2023, to meet the ends of Justice, Equity, and Fair Play. Petitioner A. Tahir, through its Proprietor Abbas Bandukwala, in C.P. No.S-1012/2023 has filed this Constitutional Petition under…