2023 MLD 1556 KARACHI-HIGH-COURT-SINDH

Full text

MANSOOR-UL-HAQUE SOLANGI VS PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION (PVT.) LTD. (PIDC) S. 15---Ejectment of tenant---Personal need of landlord---Default in payment of rent and utility charges---Concurrent findings of two Courts below---Special costs, imposing of---Petitioner/tenant was aggrieved of eviction order passed by Rent Controller, which order was maintained by Lower Appellate Court---Validity---Questions of default of petitioner/tenant and personal need of respondent/landlord were simple---Evidence produced by respondent/landlord remained unchallenged and un-rebutted---Petitioner/tenant did not lead any evidence at all but made every possible effort to complicate the matter and to prolong litigation by unnecessarily resisting at all levels---Precious time of High Court was consumed in frivolous petition, which time could have been utilized in hearing and deciding other legitimate and genuine cases involving serious questions of law and genuine disputes between parties pending adjudication before High Court---High Court imposed heavy costs upon petitioner as his petition was a clear and blatant abuse of process of Court---High Court in exercise of Constitutional jurisdiction, declined to interfere in concurrent findings of both the Courts below which were in accord with material on record and settled law and such findings did not suffer from any illegality or jurisdictional defect---Constitutional petition was dismissed, in circumstances.