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2011 YLR 1296 KARACHI-HIGH-COURT-SINDH

Sindh · 2011

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MUHAMMAD SHAMIM FAROOQI VS FAISAL HADI 2004 MLD 587, 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 by the Courts below---Ejectment application filed by landlord was accepted by Rent Controller and tenants were directed to vacate the premises---eviction order passed by Rent Controller was maintained by Lower Appellate Court---Validity-Enough opportunity was provided to tenants to lead evidence but they failed to do so, and they were not condemned unheard---Courts could only provide opportunity to a party to lead evidence but could not compel it to do so---Rent Controller allowed the case on both points of personal requirement as well as subletting and Lower Appellate Court also maintained findings of Rent Controller---Concurrent findings against tenants on the point of subletting and personal requirement---Tenants did not say a single word on the findings in question and High Court in its Constitutional jurisdiction could not interfere with such findings of fact of the Courts below---Tenants failed to show any non-reading or misreading of evidence calling for interference by High Court---Constitutional Petition was dismissed in circumstances.