Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-- ----S. 15---Ejectment petition---Relationship of landlord and tenant between parties, denial of---Sale-deed in favour of landlord was subject of a civil suit already pending between parties, wherein landlord was restrained to use sale-deed as title document till decision of suit---Effect---Sale-deed in favour of landlord was sub judice before court of competent jurisdiction and a stay order was operating against him---Tenant had shown a genuine and bona fide doubt over title of landlord---Rent Controller had no jurisdiction to go into disputed question of title---Landlord could not maintain ejectment proceedings, unless his title was established before civil court---Ejectment petition was dismissed for being premature. Rehmatullah v. Ali Muhammad and another 1983 SCMR 1064; Iqbal v. S. Rahim Shah 1990 SCMR 647; Province of Punjab through. Education Secretary v. Mufti Abdul Ghani PLD 1985 SC 1 and Muhammad Shabbir v. Mst. Hamida Begum 1992 MLD323 99 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R.33---Finding of Trial Court---Powers of Appellate Court to disturb such finding---Principles. Appellate Court while disturbing the finding of trial Court is under legal duty to meet the reasoning of the trial Court in the and to consider the controversy entirely afresh both as regards facts and law and to substitute its own for that of subordinate Court. Madan Gopal v. Maran Bepari PLD 1969 SC 617; Mst. Iqbal Begum and 2 others v. Muhammad Bashir and others 2003 MLD 1280 and Ali Raziq v. Sabar Khan 2003 CLC 1342 rel. JUDGMENT MUHAMMAD AFZAL SOOMRO, C J.---The petitioner has challenged the legality and propriety of the judgment dated 21-8-2002 passed by the learned IInd Additional District Judge (South) Karachi in F.R.A.No.1162/2001 (HC FRA 756/00) whereby she allowed the appeal of the landlord filed against the Order dated 25-4-2000 passed by the learned VIIIth Senior Civil Judge and Rent Controller (South) Karachi dismissing the ejectment application for ejectment of the Petitioner from Flats Nos. 5 and 6 on the first floor of the building known as Rooman Building, Robson Road, Karachi. Respondent No.1…

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