2016 CLCN 155 KARACHI-HIGH-COURT-SINDH

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USMAN VS MUHAMMAD YOUNUS GONDAL Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Change in ownership of the premises---Non-payment of rent to the new owner---eviction of tenant---Scope---Plea of pagri---Scope---Tenants had been served with notice for change in the ownership of premises---Appellate Court had discussed evidence in detail in the impugned judgment---Tenants despite having knowledge of change in the ownership of premises did not tender or deposit rent in favour of new owner but they continuously deposited rent in the name of previous owner for considerable time---Landlord could not be debarred from instituting eviction proceedings due to plea of "Pagri" as same was not recognized by Sindh Rented Premises Ordinance, 1979---Trial Court or Appellate Court were not supposed to give decision on metaphysical or hypothetical question without reference to the provisions of applicable statute---No mis-reading or non-reading of evidence had been pointed out in the impugned judgment passed by the courts below---Constitutional petition could not be considered a substitute of second appeal---Constitutional petition was dismissed in circumstances.