2021 MLD 1298 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAVEED VS VIIIth ADDITIONAL DISTRICT JUDGE, KARACHI SOUTH S.13---eviction petition---Default in payment of rent---Scope---Petitioners/tenants assailed acceptance of eviction petition of landlord by the courts below on the ground of default in payment of rent---Case of landlord was that the tenants had failed to pay the rent for the month of March and April 2004 while the tenants had produced money order receipts in which they themselves had written that they were sending rent for 6 months from May 2004 to October 2004---Validity---Held, prima facie, no illegality existed in the concurrent findings of the two courts below while answering the question of default because legally the tenant could not take an exception to his obligation in payment of the rent in the manner as provided by law or as agreed between the parties---Tenant had failed to make out a case for interference into concurrent findings of two courts below, hence constitutional jurisdiction of High Court could not be exercised which, otherwise, was not only limited but could only be exercised in exceptional circumstances which were lacking---Constitutional petition was dismissed.