2022 MLD 1754 KARACHI-HIGH-COURT-SINDH

Full text

HABIB CARPETS (PVT.) LIMITED VS KARACHI PROPERTIES INVESTMENT COMPANY (PVT.) LIMITED (KPICPL) S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Facts not pleaded---Concurrent findings of facts by two Courts below---Misreading and non-reading of evidence---Petitioner / tenant was aggrieved of eviction order passed by two Courts below---Rent Controller held regarding alleged impairment of material value and utility of demised premises that those were used by petitioner / tenant as godown---Such was a purpose other than the purpose for which premises was let out---Validity---Respondent /landlord did not plead such fact in its eviction application nor made any such allegation therein---No point for determination was framed, nor was any evidence led in such behalf and respondent / landlord conceded to the position--- Finding of Rent Controller was beyond pleadings and evidence on record and was unjustified, uncalled for and illegal--- Both the Courts did not appreciate evidence on record in its true perspective and by not applying the law correctly, Rent Controller failed in exercising jurisdiction vested in him by law and by maintaining such illegal order, Lower Appellate Court committed a grave error in law--- High Court in exercise of Constitutional jurisdiction set aside illegal concurrent findings of two Courts below and ejectment application was dismissed---Constitutional petition was allowed, in circumstances.