613/2013 Const. P. ASADULLAH S/O GHULAM FAROOQ (Petitioner) V/S NOOR AHMED & OTHERS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-APR-15
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Relationship of landlord and tenant---Jurisdiction of Rent Controller---Question of fact raised in constitutional petition---Scope---Rent Controller passed order of ejectment of tenant on account of his failure to deposit arrears of rent and appeal against was also dismissed---Tenant assailed the order of Rent Controller and Appellate Court in constitutional jurisdiction on grounds that relationship of landlord and tenant was disputed and suit for specific performance of agreement to sell was pending; that delay in deposit of rent was on account of miscalculation and that it had been deposited immediately after passing of order of ejectment---Tenancy agreement between landlord and tenant was part of the record---Validity---Issue of ownership could not be settled in proceedings under Sindh Rented Premises Ordinance, 1979, nor filing or pendency of civil suit could be a bar in exercise of jurisdiction by Rent Controller---Controversy of delay in deposit of rent was purely a question of fact that could be reviewed by an Appellate Court but it could not be interfered with by High Court in constitutional jurisdiction---Unlike appellate forum provided under relevant statute, High Court, in exercise of constitutional jurisdiction, was neither competent to undertake exercise of re-appraising evidence in order to come to its own conclusion, nor findings of facts drawn by courts below could be substituted---Constitutional petition was dismissed. Wazir Ali v. Rent Controller No.VIII (East), City Courts, Karachi and 3 others 2001 MLD 12; Messrs Roots School Network through Attorney v. Bashir Ahmed and 2 others 2010 CLC 466; Messrs S.M. Ayub and sons v. Abdul Jabbar Qureshi and another 2001 CLC 1486; Mst. Miskina Jan v. Rehmat Din 1992 SCMR 1149; Arshad Mahmood Siddiqui v. Muhammad Haroon 1984 CLC 1750; Anwar Ahmed v. Muhammad Sharif 1991 MLD 701; Mrs.Jumana Khursheed v. 1st A.D.J., Karachi East 2007 YLR 363; Hashim Khan v. Ghulam Nabi and 7 others 1973 SCMR 112 and Maqsood Ahmed Khawaja and another v. Asmat Begum 1985 CLC 1945 distinguished. (b) Precedent--- ----Judgment of High Court set aside by Supreme Court was no more a valid and binding judgment.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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