203/2004 Const. P. Muhammad Farooque (Petitioner) V/S Muhammad Azam and others (Respondent)

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.