1619/2015 Const. P. Aziz Nasir (Petitioner) V/S Shafiq Uddin & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 18-JAN-16
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Personal bona fide need of landlord---Tenancy agreement being un-registered---Effect---Contention of tenant was that landlord had waived his personal need through registered tenancy agreement---Ejectment petition was accepted concurrently---Validity---Alleged tenancy agreement was compulsory registerable as tenant had claimed protection of his right to held tenancy for life for valuable consideration---Impugned tenancy agreement was not registered document and same was neither admissible in evidence nor it was enforceable in law---Relationship of landlord and tenant existed between the parties---Any dispute between the landlord and tenant could not adversely affect on the personal need of landlord---Finding recorded by the courts below did not suffer from arbitrariness nor same were perverse---Tenant was directed to vacate the demised premises within 30 days and in default Executing Court should issue writ of possession with permission to break open the locks and police aid and hand over the possession to the landlord---Constitutional petition was dismissed in circumstances. [Paras. 4, 5, 6 and 7 of the judgment] Lal Khan through Legal Heirs v. Muhammad Yousuf PLD 2011 SC 657; Badruddin H. Mavani v. Government of Pakistan and others 1982 CLC 44; Muhammad Azizullah v. Abdul Ghaffar 1984 CLC 2837 and Commissioner of Income Tax, Peshawar Zone, Peshawar v. Messrs Sieman A.G. PLD 1991 SC 368 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 100 & 115---Appellate and revisional jurisdiction---Scope---Findings recorded by the courts below on the basis of evidence could not be interfered with by the second appellate court or revisional court simply because on the same evidence different conclusion could be drawn.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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