Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Constitution of Pakistan (1973), Arts.185(3) & 199---Ejectment petition---Sub-letting, ground of---Denial of relationship of landlord and tenant between the parties---Ejectment order passed in favour of landlady by the Courts below was set aside by High Court in constitutional petition filed by tenant---Supreme Court granted leave to appeal to consider the question of law as to whether High Court was legally justified to interfere with concurrent findings of fact in exercise of constitutional jurisdiction and whether impugned could sustain in law on reappraisal of record. M.G. Dastgir, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners. Nemo for Respondents Nos.1, 2 and 4 to 6. K.A. Wahab, Advocate-on-Record for Respondent No.3. ORDER RANA BHAGWANDAS, J.---Petitioners being the legal representatives of deceased Mst. Peeran Bi landlady in the rent proceedings having been non-suited against respondents Nos. 1 to 4 seek leave to appeal against Sindh High Court judgment, dated 8-5 2003 allowing writ petition of respondents Nos.1 to 3 calling into question concurrent findings of fact recorded by Rent Controller Karachi-South and the appellate Court. 2. Petitioners filed ejectment. proceedings against respondents Nos.l to 4 on the averments that respondent No.4 i.e. Muhammad Ishaque was the tenant in the demised premises transferred in favour of the landlady by the Settlement Authorities in satisfaction of her claim. It was further alleged that the said respondent had parted with possession of the premises in favour of respondents Nos.l to 3 without the written consent of the landlady. Moreover, the premises had been put to use for a purpose other than the one for which these were let out. 3. Eviction proceedings were resisted. Respondent No.4 agitated that he was in possession of the premises not as tenant of the petitioners but in occupation after getting Jhugi Nasheen persons evicted from the premises. He, however, conceded that he had handed over the possession of the premises to respondents Nos.1 to 3 in view of an agreement of sale executed by the landlady in…

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