Case Details

Citation(s)
2001 SLG 1324 2001 SLD 1324 2001 SCMR 359
Supreme Court of Pakistan
Civil Petitions Nos.202-K to 209-K of 2000, decision dated: 18-08-2000
DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Muhammad Sharif, Advocate Supreme Court for Petitioners. K.A. Wahab, Advocate- on-Record for
Respondents

Messrs NAQVI LAW ASSOCIATES

VS

ABDUL RAUF and others

Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)---- ----S. 15---Landlord and tenant, relationship of---Such relationship was denied by the tenant---Validity---Where title of the landlord had not been successfully disturbed and a valid registered sale-deed had been produced by the landlord, landlord was rightly found to be owner by the Courts below. (b) Sindh Rented Premises Ordinance (XVII of 1979)---- ----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of monthly rent---Subletting the premises by tenant---Concurrent findings of fact by the Courts below----Subletting of premises was admitted by the tenant and default in payment of monthly rent was also established---Rent Controller ordered for the eviction of the tenant and such order was upheld by High Court---Validity---Concurrent findings of fact recorded by the Courts below wherein contentions of the -Petitioners had rightly been repelled were valid---No illegality or any material irregularity was found in the orders of the Courts below---Leave to appeal was refused by Supreme Court. Najmuddin v. Zamir Ahmad PLD 1982 Kar. 188; Rehmatullah v. Ali Muhammad 1983 SCMR 1064; Mst. Hajra Bai v. Allah Din 1993 CLC 1693; Hussain Khan and Sons v. Ibrahimji Sulemanjee Mithaiwala 1995 CLC 446 and Jan Muhammad v. A. Razzaq -1999 SCMR 2924 distinguished. Muhammad Saeed v. Akhtar Ahmed -1999 MLD 1945; Hayatullah v. Abdul Rasheed 2000 SCMR 845; Tahir Hussain Malik v. Najma Rafi 1995 SCMR 1407; Pervaiz Akhtar v. Dr. Muhammad Ahsan PLD 1988 SC 734 and Muhammad Ishaque v. Khursheed Alam PLD 1988 SC 353 ref. ORDER DEEDAR HUSSAIN SHAH, J. ---Through these petitions for leave to appeal, -Petitioners have assailed the common judgment, dated 15--12-1999 by learned Judge in Chambers of Sindh High Court dismissing F.R.As. Nos.252 to 259 of -1999 filed by the -Petitioners. 2. Facts in brief are that -Respondents Abdul Rauf, Abdul Razzak, Muhammad Farooq, Ghulam Hussain and Muhammad Iqbal filed separate application for ejectment of the -Petitioners alleging that the -Petitioners on the ground of default since September, 1992 and subletting the premises without the consent of the -Respondents. It was…
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