824/2024 Const. P. Arif Ali (Petitioner) V/S Umair Ali (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
On the issue of concurrent findings of the two Courts below and jurisdiction of this Court under Article 199 of the Constitution, it needs to be reiterated that this Court, normally, does not operate as a Court of appeal in rent matters rather this jurisdiction is limited to disturb those findings which, prima facie, appear to have resulted in some glaring illegalities resulting into miscarriage of justice. The finality in the rent hierarchy is attached to the appellate Court and when there are concurrent findings of both the Courts below, the scope becomes rather tightened. It is pertinent to mention here that captioned petitions fall within the writ of certiorari against the judgments passed by both Courts below in rent jurisdiction and it is a settled principle of law that same cannot be disturbed until and unless it is proved that same is the result of misreading or non-reading of evidence. The instant petitions are against concurrent findings recorded by both the Courts below. Thus, for the foregoing reasons, the findings recorded by the learned Rent Controller as well as the Appellate Court are cogent and well-reasoned and thus do not call for any interference by this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973.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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