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Constitution of Pakistan (1973)-----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-­Ejectment--Relationship of landlord and tenant determined by Rent Controller, not challenged--Petitioners' claim for enforcement of rights as owners, not sustainable--Interference by Supreme Court not being justified, petition for leave to appeal dismissed. Abdul Hamid Khan, Advocate Supreme Court assisted by Faizanul Haq, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 28th November, 1982. ORDER ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that Muhammad Ishaque respondent claiming to be the owner of premises bearing No. A12603, Market Road, Hyderabad filed an application against Bismillah Transport Company, which according to him was the statutory tenant, on the ground of non-payment of rent and sub-letting the premises to Shameem Ahmed who was also joined as a party. Bismillah Transport Company did not contest the proceedings but Shameem Ahmed asserted, in defence, that he was the tenant of Mst. Maqbool Bibi, predecessor-in-interest of petitioners Nos. 1 to 5 herein. In view of the aforesaid plea taken by Shameem Ahmed, learned Rent Controller who dealt with the case joined Mst. Maqbool Bibi as a party to the proceedings and framed a preliminary issue whether relationship of landlord and tenant existed between the parties. After considering evidence produced by the parties, learned Rent Controller, by the order, dated 29-2-1972, held that there was relationship of landlord and tenant between Muhammad Ishaque and Bismillah Transport Company. He further held that the premises in question were not transferred to Mst. Maqbool Bibi. Later on, learned Rent Controller by the order, dated 27-5-1974 directed ejectment of Bismillah Transport Company on the ground for non-compliance of the tentative order passed by him directing the tenant to deposit rent in Court. No decision was, however, made by the learned Rent Controller whether Shameem Ahmed was an unauthorised occupant. Afterwards, Muhammad Ishaque filed an application for the execution of…

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