2023 CLC 1906 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SAMI alias SHABRATI VS MODEL CIVIL APPELLATE COURT S.15---Constitution of Pakistan, Art. 199---Writ of certiorari---eviction of tenant---Petitioner/tenant invoked constitutional jurisdiction of the High Court to assail concurrent findings passed against him---Validity---High Court, normally, does not operate as a Court of appeal in rent matters, rather its jurisdiction is limited to disturbing those findings which, prima facie, appear to have resulted in some glaring illegalities resulting into miscarriage of justice---Finality in rent hierarchy is attached to the Appellate Court, and when there are concurrent findings of both the rent authorities the scope becomes rather tight---Petition falls within writ of certiorari against the judgments passed by both the Courts below in rent jurisdiction, which cannot be disturbed until and unless it is proved that the same is result of mis-reading and non-reading of evidence---No illegality or infirmity was noticed in the impugned judgments and orders passed by both the Courts below---Constitutional petition was dismissed in limine, in circumstances.