| Citation(s) |
|---|
| 2006 SLG 2369 2006 SLD 2369 2006 SCMR 830 |
Supreme Court of Pakistan
C.P.L.A. No.509-K of 2004, decision dated: 5-10-2005
RANA BHAGWANDAS AND SAIYED SAEED ASHHAD, JJ
Ghulam Qadir Jatoi, Advocate-on-Record/Advocate Supreme Court for Petitioner. Nemo for
Respondents
C.P.L.A. No.509-K of 2004, decision dated: 5-10-2005
RANA BHAGWANDAS AND SAIYED SAEED ASHHAD, JJ
Ghulam Qadir Jatoi, Advocate-on-Record/Advocate Supreme Court for Petitioner. Nemo for
Respondents
Syed YOUSIF ALI through L.Rs.
VS
MUHAMMAD HASHAM through L.Rs. and others
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 2(f), (j) & 15(2)(ii)---Constitution of Pakistan (1973), Art.185(3)---Petitioner, instead of justifying his default in payment of rent for more than two decades, had agitated question of relationship of landlord and tenant without any legal justification, raising self-contradictory, inconsistent, mutually destructive and shifting pleas from time to time before lower forums---Such was a glaring instance of frivolous and vexatious litigation, which must be curbed at all levels---Observations of High Court, on the subject having not been controverted at the Bar, hardly any ground existed for interference by Supreme Court---Leave to appeal was refused. ORDER RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court order, dated 21-5-2004 dismissing his constitutional petition against concurrent findings of fact recorded by Rent Controller, Mirpurkhas in ejectment proceedings as well as an Additional District Judge, Mirpurkhas in first rent appeal directing eviction of the petitioner from the demised premises on the ground of contumacious default in payment of rent. 2. From the record, it transpires that, instead of justifying his conduct as to the default in payment of rent for more than two decades, the petitioner agitated the question of relationship of landlord and tenant without any legal justification, raising self-contradictory and mutually destructive pleas from time to time before the lower forums. Being unsuccessful before the lower forums, he had the audacity to challenge the correctness of the judgments of the two Courts below before the High Court, which was heard by an Honourable Judge in Chambers and dismissed for valid and cogent reasons. Crux of the matter and the substance of the stance of the petitioners may be reproduced before from the impugned judgment appearing at page 19 of the paper book:-- "It will be pertinent to note that the petitioner has been taking inconsistent and shifting pleas in the proceedings. Initially, he alleged…
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