Case Details

Citation(s)
2010 SLG 2379 2010 SLD 2379 2010 CLC 1788
Sindh High Court

ABDUL HADI KHOSO, J
Munir-ur-Rehman for Petitioner. Khalid Dawoodpota for
Respondents

MUHAMMAD ASHRAF through Attorney

VS

Mrs. AZRA MUQEEM and 2 others

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Constitution of Pakistan (1973), Arts.199, 23 & 24---Constitutional petition---Petitioner/tenant had impugned concurrent s of the Rent Controller and Appellate Court---Counsel for the petitioners had stated that petitioner was statutory tenant and was in a legal and lawful possession of premises and was paying monthly rent before the Nazir of the Rent Controller---Provisions of Arts.23 & 24 of the Constitution, had protected right of property---Right of ownership was superior than the right of tenancy---Petitioner/tenant was not satisfied with the concurrent findings of the courts below---If the petition was lingering on while the respondent/landlady , had suffered the agony of trial before the Rent Controller and the Appellate Court and was being dragged in constitutional petition, it was harassment for the lady, if such petitions were allowed---Constitutional petition was dismissed. ORDER ABDUL HADI KHOSO, J.---Mr. Munir-ur-Rehman, Advocate for the petitioner has filed this petition, challenging the impugned orders in Rent Case No. 445 of 2009 dated 28-9-2009 passed by the VIth Rent Controller, Karachi (Central) and Judgment dated 21-12-2009 in First Rent Appeal No. 168 of 2009 passed by Vth Additional District Judge, Karachi (Central). Since both the Courts below have passed impugned orders and there is concurrent findings in respect of Flat No.15/16 Third Floor, Faffaro Chambers, SD-28, Block-A, North Nazimabad, Karachi. The learned counsel for the petitioner has stated…
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