Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Eject ment of tenant---Landlord and tenant, relationship--- Proof--- Raising ofnew plea---Tenants denied relationship of landlord and tenant between the parties and raised no other plea---Suit for declaration of title filed by tenants against landlord regarding premises was decided against them upto Supreme Court---Contention of tenants was that factory was running in premises, therefore, provisions of Sindh Rented Premises Ordinance, 1979, were not applicable---Validity---Tenants had only taken issue of non-existence of tenancy while no plea of applicability of Sindh Rented Premises Ordinance 1979, on the ground that premises was factory had been taken, therefore, such plea could not be allowed in Constitutional petition, nor even there was any stand nor any evidence brought on record in this regard---Basic issue in respect to tenancy and ownership, after decision by Civil Court and Lower Appellate Court including High Court as well as by Supreme Court had taken conclusive shape and the same could not be disputed in rent proceedings---Findings of both Rent Controller and Lower Appellate Court were totally contrary to findings of Civil Court---High Court set aside orders passed by both the Courts below and ejectment order was passed---Petition was allowed in circumstances. 1985 SCMR 2024; PLD 1976 SC 781; 1983 CLC 390; PLD 1993 Kar. 181; PLD 1965 SC 90 and 2007 PLC 64 ref. THIS JUDGMENT DELIVERED BY: MUNIB AHMED KHAN, JUSTICE:---.--- This petition has been filed against the judgment dated 13-8-2002, passed by the learned Vth Addl. District Judge, Karachi West in FRA No.15/2001, whereby the order of the Rent Controller dated 28-2-1994 in Rent Case No.86/1990 dismissing the ejectment application, has been maintained and appeal has been dismissed. 2. Learned counsel for the petitioner submits that the Rent Controller and the Additional District Judge have passed incorrect orders, whereby, the issue of tenancy has wrongly been decided against the petitioners. Learned counsel submits that admittedly there was a tenancy as decided in the…

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