2020 CLC 2080 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD HANIF VS ANJUMAN-E-IMAMIA (REGISTERED SOCIETY), through Patron Ss.15 & 21---Ejectment of tenant---Default in payment of rent---Appellate Court, jurisdiction of---Scope---Rent Controller dismissed eviction petition only on the ground of maintainability but Appellate Court allowed the same on the ground of default in payment of rent---Validity---Rent Controller had dismissed eviction petition being not maintainable---Appellate Court should have decided appeal on the question decided by the Trial Court and not on the question which was not decided by it---Right of appeal of aggrieved party due to assuming jurisdiction of Trial Court by the Appellate Court had been curtailed---Tenant had been deprived of a right of an appeal as far as the findings of the Appellate Court on default in payment of rent was concerned---Eviction petition was remanded to the Rent Controller for a decision on merits including ground of default---Constitutional petition was allowed, accordingly.