Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction, exercise of---Factual controversy-- Determination in Constitutional jurisdiction---Appropriateness---Landlord and tenant---Tenants contended that Authority had enhanced rent of premises without any notice or hearing; that they had not consented to such enhancement and that they had not paid enhanced rent willingly---Contention of tenants was belied from record which had revealed that order enhancing rent of premises in occupation of tenants not only was well within knowledge of tenants, but the order was a consent order which was also acted upon by majority of tenants under the Authority and out of more than 850 tenants, only a few had come forward to question the order of Authority---Assertions of tenants having been ,denied by Authority, said factual controversy could not be resolved in Constitutional jurisdiction of High Court. The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan Works Division and 2 others PLD 1972 SC 279; United Sugat Mills Ltd., Karachi v. District Magistrate, Sukkur and another PLD 1979 Kar. 410; Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738; Messrs Sharafali Ghulam Hussain Gani v. Government of Pakistan and 3 others 1989 MLD 1440; Abdul Rehman v. The Province of Sindh and 3 others 1986 CLC 2635; Ataur Rehman Khan v. Dost Muhammad and others 1986 SCMR 598; Syed Saghir Ali v. Mehar Din and others 1968 SCMR 729; Mst. Nafis Fatima v. Syed Muhammad Mashooq and another 1987 MLD 2755 and Naraindas and another v. Hinanand and 2 others 1987 MLD 464 ref. (b) Sindh Local Government Ordinance (XVII of 1979)--- ----Ss. 108 & 113---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Availability of alternate remedy---Bar against exercise of Constitutional jurisdiction---Petitioners who were tenants under Municipal Authority had challenged in Constitutional petition enhancement of rent of premises under their tenancy occupation---Maintainability of Constitutional petition had been challenged by Authority on ground of availability of alternate remedy to petitioners under…

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