2011 MLD 89 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD DIN VS Mst. SHAMIM AKHTAR Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Ss. 14, 15 & 16---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Past and closed transaction---Concurrent findings of fact by the Courts below---eviction order passed by Rent Controller against tenant was maintained by Lower Appellate Court---Validity---Person who was not owner of rented premises occupied same and then had set up title which was adverse to the owner thereof would not by virtue of setting up of such title became owner and that such person by fiction of law would remain a tenant unless proved otherwise---One of the ways would be filing of suit for specific performance and getting decree in such regard and till such time, under the law, he would be bound by terms of the law by which he was governed---Petitioner having failed to prefer any appeal against judgment passed in the case and that suit for specific performance filed by petitioner beyond period of limitation also stood dismissed for non-prosecution, restoration of which was still pending and that the objections those were raised in execution application were patently lame and had already been examined and discarded by Rent Controller and that appeal had been dismissed by lower appellate Court---Petitioner was not to have a thing indirectly which he was not entitled directly---High Court declined to interfere in the orders passed by two courts below---Petition was dismissed in circumstances.