2020 YLR 1886 KARACHI-HIGH-COURT-SINDH

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WASEEM KHAN VS ASIM HUSSAIN Ss. 15 & 2(i)---Transfer of Property Act (IV of 1882), S. 53-A---Qanun-e-Shahadat (10 of 1984), Art.132---Ejectment of tenant---Default in payment of rent---Sale agreement--- Effect--- eviction petition was accepted concurrently--- Validity--- Tenant had committed default with regard to payment of rent, electricity and water charges---Tenant had failed to file written reply and produce evidence to confront the witness of landlords---Assertions of landlords had been admitted by the tenant, in circumstances---Fact which had been deposed in examination-in-chief and not cross-examined should be deemed to have been admitted---Contents of document filed with the plaint or ejectment petition should be presumed as correct until and unless satisfactory material or evidence had been produced against the same---Mere sale agreement did not confer any right of ownership---Ejectment order could be executed against a person who had possessed demised premises through tenant---Concurrent findings recorded by the Courts below could be interfered with by the High Court in its constitutional jurisdiction when there was any material illegality, irregularity, mis-reading or non-reading of evidence on record---Orders passed by the Courts did not suffer from any illegality, irregularity, mis-reading or non-reading of evidence---Constitutional petition was dismissed in circumstances.