2010 MLD 503 KARACHI-HIGH-COURT-SINDH

Full text

Mrs. MEHMOODA AFTAB VS MARGHOOB HUSSAIN 1995 SCMR 626, PLD 1987 Kar. 401, PLD 1990 Kar. 286, PLD 2000 Quetta 26, PLD 2007 Lah. 231, Constitution of Pakistan 1973--13 , Constitution of Pakistan 1973--199 , Contempt of Court Act 1976--3 , Criminal Procedure Code (Cr.P.C) 1898--403 , General Clauses Act 1897--26 , Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--4 , Sindh Rented Premises Ordinance 1979--15 , S.15---Illegal Dispossession Act (XI of 2005), Ss. 3 & 4---Criminal Procedure Code (V of 1898), S.403(1)---General Clauses Act (X of 1897), S.26---Contempt of Court Act (XIV of 1976), S. 3---Constitution of Pakistan (1973), Arts. 13 & 199---Constitution petition---Ejectement order, execution of---eviction of tenant from property in execution proceedings during pendency of rent appeal and existence of stay order passed by Appellate Court---Tenant alleging his eviction to be violative of stay order filed contempt application and complaint under Ss. 3 & 4 of Illegal dispossession Act, 2005---Plea of landlord that stay order had not been communicated to him or Rent Controller; and that both contempt application and complaint could not go side by side---Validity---Appellate Court before passing any order on contempt application would positively determine as to whether alleged contemnors had knowledge of stay order and effect of its non-communication to Rent Controller, if any---Judicial proprietary would demand that Appellate Court should first decide appeal, and then take up contempt case and after its decision should decide such complaint---High Court stayed proceedings in complaint till decision of rent appeal and contempt case.