2021 CLC 732 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD RAMZAN VS NANOO Ss.2(f) & 16(1)--- Constitution of Pakistan, Art.199---Ejectment of tenant---"Landlord", determination of--- Documentary evidence to exclude oral evidence---Petitioner filed applications for eviction of tenants from demised premises---Respondent claimed to be owner of demised premises and contested the proceedings with petitioner--- Rent Controller accepted petitioner as landlord of the premises on the basis of title documents but Lower Appellate Court reversed the findings on the basis of oral assertion made by respondent--- Validity--- Rent Controller did not have jurisdiction to decide question of title of property and could not make any declaration with regard to ownership of a property as the same was domain of Civil Court---Rent Controller could determine issue as to whether there existed relationship of landlord and tenant between parties in the case---High Court in exercise of its extraordinary jurisdiction under Art.199 of the Constitution was not debarred from examining judgment of Courts below to reach a conclusion as to whether the same suffered from any infirmity or illegality and whether there was any misreading or non-reading of evidence provided by parties before Courts below--- Order of Rent Controller was on proper appreciation of evidence while judgment delivered by Lower Appellate Court in appeal preferred by respondent suffered from infirmity and illegality as well as misreading of evidence---Petitioner was competent to challenge judgment passed by Lower Appellate Court before High Court in Constitutional jurisdiction---High Court set aside order passed by Lower Appellate Court and restored that of Rent Controller---Constitutional petition was allowed in circumstances.