Law: Constitution of Pakistan, 1973

Section: 203-D (2)

Constitution of Pakistan (1973)--- ----Art. 203-D (2), proviso---Decision of Federal Shariat Court declaring a provision of law. repugnant to the Injunctions of Islam when not to take effect---Decision of Federal Shariat Court would not take effect before the expiration of period within which an appeal there from would be preferred to Supreme Court or, where an appeal had been preferred, before the disposal of such appeal. PLD 1992 FSC 286 ref. Appellants in person. Rahmat Elahi for Respondent. Date of hearing: 12th December, 1993. JUDGMENT This first rent appeal is directed against the orders dated 3-7-1993 and 10-8-1993 passed by the VIth Senior Civil Judge/Rent Controller (South), Karachi whereby dismissing the objections filed by the appellants. The facts leading to the filing of the above appeal are that the respondent had filed eviction application against the appellants on the grounds of (1) default in payment of rent,   required the premises for personal use in good faith, and the appellant made additions and alterations and construction on the roof without permission of landlord and impaired the value and utility of the premises. The appellants contested the eviction application. The parties led evidence in support of their respective contentions. The Controller assessed the evidence adduced by the parties. The eviction application was allowed on the grounds of personal requirement and impaired the material value and utility of the building. The appellants challenged the impugned order. The appeal filed by the appellant was dismissed by me on 26-7-199f. One of the grounds raised before me was that section 15 of the Sindh Rented. Premises Ordinance ceased to have effect on the expiry of six months from 1-10-1991. The plea was repelled by me as against the judgment of Federal Shariat Court appeals were preferred before the Supreme Court. Thereafter the petitioner had filed petition for leave to appeal before the Supreme Court. The petition was dismissed by order dated 17-12-1992. While dismissing the petition it was observed: "The petitioners are allowed six months' time from today to vacate the premises and hand over peaceful possession to…