Law: Transfer of Property Act, 1882

Section: 114,114A

Law: Transfer of Property Act, 1882

Section: 114,114A

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 22

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 22---Constitution of Pakistan (1973), Art.199---Constitutional petition---Execution of orders---Jurisdiction of Rent Controller---Rent Controller's jurisdiction under S.22 of Sindh Rented Premises Ordinance, 1979 was limited only to the extent of questions relating to execution, discharge or satisfaction of the orders---Rent Controller could not assume the power of a civil court to determine intricate questions of the title, coming purely within the jurisdiction of a civil court---No exception could be taken to the impugned orders of the Rent Controller as well as of the Appellate Authority. Jan Muhammad v. Saiyeda Khatoon and 5 others 1996 MLD 1845 ref. Shafaat Hussain for Petitioner. Date of hearing: 22nd March, 2007. JUDGMENT ALI SAIN DINO METLO, J.--- Messrs Abdullah (Pvt.) Ltd., a builder company, by way of this constitutional petition, has challenged the order, dated 2-9-2005 passed by the Rent Controller-VIII, Karachi South, in Execution No.37 of 2004, re: Miss Sadaf Munawar v. Muhammad Amir confirmed by the appellate authority (Additional District Judge-VII, Karachi South) by its order, dated 27-2-2007 passed in Rent Appeal No.193 of 2005, re: Messrs Abdullah (Pvt.) Ltd. v. Miss Sadaf Munawar and Muhammad Amir, refusing to join them as a party and dismissing the execution application. 2. Briefly, the facts are that, by an Indenture of Sublease executed and registered on 20-2-1997, the petitioner sold a shop, bearing No.B-4, Iqbal Centre, Eidgah Maidan, M.A. Jinnah Road, Karachi, to the respondent No.1. In the year 2000, the respondent No.1 filed a Rent Case, bearing No.2028 of 2000, re: Miss Sadaf Munawar v. Muhammad Amir, for latter's ejectment, which was allowed and tenant's appeal, bearing Rent Appeal No.163 of 2004, was also dismissed by the appellate authority i.e. the Additional District Judge-VII, Karachi South. Thereafter, during the pendency of Execution Application, bearing No.37 of 2004, the petitioner intervened and requested for Dismissal of the execution application on the ground that the sublease in favour of the respondent No.1 had been determined due to violation of condition…

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