2036/2016 Const. P. Salim Ahmed & Another (Petitioner) V/S Nasim Imtiaz and Others (Respondent)

2036/2016 Const. P. Salim Ahmed & Another (Petitioner) V/S Nasim Imtiaz and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 18-DEC-18

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Constitution of Pakistan, Arts. 4 & 23---Eviction of tenant---Bona fide personal need of landlord for business---Scope---Invocation of extra-ordinary constitutional jurisdiction of High Court after availing remedy provided under the relevant-law---Scope---Petitioner/tenant contended that respondent/landlord also owned other properties, through inheritance, to start his business---Validity---Filing of constitutional petition by tenant to delay his/her eviction was deprecated by High Court---High Court while seizing petition under Art. 199 of the Constitution against the judgment of Court or Tribunal of lower jurisdiction could not superimpose its opinion, merely because in its opinion the decision of Tribunal/Court was wrong---Fundamental right of a party guaranteed under Art. 23 of the Constitution could not be sacrificed against the party who had already exhausted his constitutional protection under Art. 4 of the Constitution by availing the remedy provided under the relevant law---High Court directed the petitioner to vacate the demised property within thirty days---Constitutional petition was dismissed accordingly.