2013 CLC 1770 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ABID VS VIITH ADDITIONAL DISTRICT JUDGE, SOUTH AT KARACHI 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---Concurrent findings of fact---Petitioner claimed to be owner in possession of premises and he denied any relationship of tenant and landlord---Ejectment application filed by respondent was allowed by Rent Controller and eviction order was passed against petitioner and the same was maintained by Lower Appellate Court---Validity---Petitioner never admitted that in the year, 1983, he or his father had been induced in demised premises as tenant and since then petitioner had been enjoying possession---No demand of enhancing of rent during 30 years had been made by the landlord and respondent filed ejectment proceedings under S.15 of Sindh Rented Premises Ordinance, 1979, after the petitioner committed wilful default in payment of rent for 3-1/2 years---Though no limitation was provided for filing ejectment application but from such unnecessary delay inference could be drawn adversely against the respondent---Rent Controller and Lower Appellate Court erred in deciding the point relating to existence of relationship of landlord and tenant between parties and Rent Controller had no jurisdiction to entertain ejectment application---High Court in exercise of Constitutional jurisdiction, set aside eviction orders passed by two courts below resultantly ejectment application was dismissed---Petition was allowed in circumstances.