2016 YLR 120 KARACHI-HIGH-COURT-SINDH

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Mst. JAMILA VS MUHAMMAD IQBAL 1986 CLC 1408, 2003 MLD 1033, 2008 SCMR 236, 2009 MLD 538, 2013 YLR 2541, 2014 CLC 1242, PLD 1994 SC 501, PLD 2001 SC 415, PLD 2005 SC 418, PLD 2011 SC 905, PLD 2013 SC 478, Constitutional petition--TERM , Ejectment of tenant--Term , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Default in payment of rent---Remand order---Effect---High Court remanded the matter to the Rent Controller with certain directions---Rent Controller accepted eviction petition after recording of evidence and following the directions as contained in the remand order---Validity---Once a matter was remanded with certain directions, scope of dispute was limited---Trial Court had to resolve the dispute only to the extent of remand order---Court trying a lis after remand had to regulate the proceedings in terms of the order of remand passed by the higher forum---If matter had been simply remanded without any directions, other issues could be agitated---Trial Court had followed the directions of High Court as contained in the remand order---Tenant could not argue or agitate insofar as the merits of the case which were not agitated in the earlier round of litigation---Findings recorded by the courts below were not perverse---No jurisdictional defect or mis-reading of fact was pointed out in the findings recorded by both the courts below---Constitutional petition was dis-missed in circumstances.