2010 YLR 68 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD JEHANGIR VS Malik ABID HUSSAIN 1994 CLC 1866, 1998 SCMR 2092, 2001 SCMR 1434, 2005 CLC 1696, PLD 1993 Karachi 300, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--3 , Ss.3 & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition--Ejectment of tenant---Subletting of premises---Concurrent findings of fact by two courts below---Shop in question was owned by Auqaf Department of Government and it was let out to respondent, who further sub let the same to petitioner---Rent Controller passed order of eviction against petitioner which order was maintained by Lower Appellate Court---Validity---Shop in question was public property and petitioner was not entitled to it because he had never been tenant of Auqaf Department---Respondent was also not entitled to the shop because he could not maintain ejectment application in view of S.3 of Sindh Rented Premises Ordinance, 1979---High Court declined to put respondent in possession because he sublet the premises without permission of the owner of property in question, he thus parted with possession of the premises---High Court directed that property be got vacated and Auqaf Department to take over the shop, whereafter the Department could let out the shop in accordance with rules and that too in the best interest of public exchequer---Courts below recorded findings of fact and had ordered ejectment, as the same was question of fact conclusively determined by two courts below---Petitioner failed to point out any infirmity in the orders passed by two courts below---Petition was disposed of accordingly.