1012/2023 Const. P. A. Tahir Thr. Abbas Bandukwala Thr. Adnan Abbas (Petitioner) V/S Xth ADJ, Karachi South and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-FEB-26
Lastly, the findings recorded by the learned Appellate Court are findings of fact arrived at after remand, examination of the postman, and scrutiny of documentary evidence based on the cross-examination of the witness. In these circumstances, the authorities cited by learned counsel for the petitioners are distinguishable and do not advance the petitioners??? case. The conclusion of willful default recorded by the learned Appellate Court is based on proper appreciation of evidence and correct application of law. 19. The constitutional jurisdiction under Article 199 of the Constitution is extraordinary and discretionary, meant to correct orders passed in violation of law or without lawful authority. It does not extend to reappraisal of evidence or substitution of findings of fact recorded by the Courts below after proper appreciation of evidence, unless such findings of Appellate Court suffer from a jurisdictional defect, misreading, non-reading of material evidence, perversity, or patent illegality. Therefore, the petitioners were rightly held to be willful defaulters, attracting eviction under the Sindh Rented Premises Ordinance, 1979. 20. Accordingly, the instant Constitutional Petitions, being devoid of merit, are dismissed, leaving the parties to bear their own costs.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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