2016 YLR 1193 KARACHI-HIGH-COURT-SINDH

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Miss AFIFA VS Mrs. NUSRAT HAFEEZ 1968 SCMR 729, 1980 CLC 44, 1982 SCMR 233, 1986 CLC 1828, 1986 SCMR 261, 1987 SCMR 380, 1989 SCMR 918, 1991 SCMR 1656, 1992 CLC 980, 1992 SCMR 652, 1993 SCMR 1171, 1993 SCMR 618, 1996 CLC 1034, 1997 CLC 1260, 2000 CLC 1119, 2000 MLD 1809, 2002 CLC 166, 2003 CLC 1321, 2003 SCMR 549, 2006 CLC 1018, 2006 SCMR 219, 2006 SCMR 276, 2008 CLC 75, 2008 SCMR 236, 2009 CLC 513, 2009 SCMR 385, PLD 1978 SC 185, PLD 1981 Kar. 82, PLD 1991 SC 476, PLD 1995 Kar. 197, PLD 1999 Quetta 56, PLD 2000 Kar. 238, Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Ejectment of tenant---Landlords filed eviction petition which was accepted ex-parte and possession of demised premises was handed over to them---Tenant moved an application for setting aside of ex-parte order which was accepted and main ejectment petition was restored but same was dismissed due to non-production of evidence---Writ of possession was issued in favour of tenant but it was found that the second floor of the building which was under tenancy had already been demolished---Validity---If second floor of the property which was rented out was intact then landlord could have been ordered to hand over possession of the same to the tenant---Said floor of the property was not available any more thus no such order could be passed at the present stage---Constitutional petition was dismissed in circumstances.