203/2004 Const. P. Muhammad Farooque (Petitioner) V/S Muhammad Azam and others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-14
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Plea of entering into sale agreement by tenant with landlord---Ejectment petition was accepted by the Rent Controller but same was dismissed by the Appellate Court on the ground that relationship of landlord and tenant was not established---Validity---Sale agreement in favour of tenant had not conferred any right even to be enforced in future---Conclusion drawn by the Appellate Court was erroneous and far-fetched---Appellate Court had failed to appreciate the legal status of agreement of sale---Sale agreement had no consequences---Landlord had registered sale deed in his favour with regard to demised premises whereas tenant had mere agreement of sale for the same---Findings recorded by the Appellate Court were contrary to law and were not sustainable on the point of jurisdiction of Rent Controller---Tenant was directed to hand over vacant possession of the tenement to the landlord within a specified period---Constitutional petition was accepted in circumstances. Iqbal and 6 others v. Rabia Bibi PLD 1991 SC 242; 2000 SCMR 1604 and 2011 SCMR 320 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---Factual controversy could not be examined in constitutional petition---High Court could interfere in the findings of courts below if same were result of mis-reading of evidence or omission to consider the material or failure to apply the rule of law.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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