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Sayed MUHAMMAD ALI vs SHAHZAD ABDUL RASHEED art — 2026 CLC 271 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2026 CLC 271 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2026
Reporter
CLC
Parties
Sayed MUHAMMAD ALI vs SHAHZAD ABDUL RASHEED art
Subject matter
Criminal
Provisions referred to
S. 15---E; Sindh Rented Premises Ordinance (XVII of 1979)

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

Sayed MUHAMMAD ALI VS SHAHZAD ABDUL RASHEED art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---De novo appreciation of evidence, seeking of---Scope---For de novo appreciation of evidence, the constitutional jurisdiction of High Court is not an amenable forum in such regard---Constitutional petition was dismissed. Citation Name: 2026 CLC 271 KARACHI-HIGH-COURT-SINDHBookmark this Case Sayed MUHAMMAD ALI VS SHAHZAD ABDUL RASHEED art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---The ambit of a constitutional petition is not that of a forum of appeal, nor does it automatically become such a forum in instances where no further appeal is provided, and is restricted inter alia to appreciate whether any manifest illegality is apparent from the order impugned---Where the fora of subordinate jurisdiction has exercised its discretion in one way and that discretion has been judicially exercised on sound principles the supervisory forum would not interfere with that discretion, unless same is contrary to law or usage having the force of law---The impugned judgments appeared to be well-reasoned and no manifest infirmity was discernable therein or that they could not have been rested upon the rationale relied upon---Constitutional petition was dismissed. Citation Name: 2026 CLC 271 KARACHI-HIGH-COURT-SINDHBookmark this Case Sayed MUHAMMAD ALI VS SHAHZAD ABDUL RASHEED art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment proceedings---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---Jurisdiction under art. 199 of the Constitution cannot be invoked as substitute of another appeal against the order of the appellate Court---Therefore, mere fact that upon perusal of evidence there exists possibility of a different view would never be sufficient to seek concurrent findings disturbed by invoking constitutional jurisdiction of the High Court---Constitutional Petition was dismissed. Citation Name: 2026 CLC 271 KARACHI-HIGH-COURT-SINDHBookmark this Case Sayed MUHAMMAD ALI VS SHAHZAD ABDUL RASHEED art. 199---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Ejectment of tenant---Concurrent findings---Invoking constitutional jurisdiction of High Court---Scope---While pressing constitutional jurisdiction in such like matter, the petitioner must establish that the findings of two Courts below, particularly of appellate Court, are prima facie not in accordance with law and available material---There is no denial to existence of relationship of landlord and tenant between the parties and in such like matter the claim is to be accepted once landlord states on oath and same goes un-shattered in cross-examinantion---Constitutional petition was dismissed.

Other judgments reported in 2026 CLC

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