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REHMATULLAH BROHI vs GHULAM SARWAR S — 2024 CLC 1158 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1158 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
REHMATULLAH BROHI vs GHULAM SARWAR S
Subject matter
Civil
Provisions referred to
S. 15---S; Sindh Waqf Properties Act (XXVII of 2020); Sindh Waqf Properties Act; Sindh Rented Premises Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMATULLAH BROHI VS GHULAM SARWAR S. 15---Sindh Waqf Properties Act (XXVII of 2020), Ss.10 & 11---Ejectment of tenant---Concurrent findings of facts by two Courts below---Petitioner / tenant was aggrieved of eviction order passed against him by two Courts below---Plea raised by petitioner / tenant was that demised premises was Waqf property and provisions of Sindh Waqf Properties Act, 2020, were applicable---Validity---Interconnection of landlord and tenant among respondent and petitioner, coupled with unfolding of chronological process and passing of their respective fathers, resulted in manifestation of a statutory tenancy---Conclusions drawn by Revisional Court regarding applicability of Ss. 10 & 11 of Sindh Waqf Properties Act, 2020, were valid in instances where demised premises had been duly registered or had undergone transfer of possession under the purview of the Chief Administrator---High Court declined to preclude jurisdiction of Rent Controller---In the hierarchy contemplated under Sindh Rented Premises Ordinance, 1979, the "Appellate Court" is the final authority---High Court cannot interfere in well-reasoned orders and findings of the Rent Controller and Lower Appellate Court unless there is grave miscarriage of justice, misreading, non-reading of evidence available on record or error of jurisdiction was caused by the Rent Controller or Lower Appellate Authority---High Court in Constitutional jurisdiction declined to interfere in eviction orders passed by Courts below, as the same did not suffer from any illegality or jurisdictional error---Constitutional petition was dismissed, in circumstances.

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