2010 MLD 302 KARACHI-HIGH-COURT-SINDH

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Syed CHAN PEER SHAH VS MUHAMMAD SHAFI 1987 CLC 775, 1990 MLD 1221, 1991 SCMR 215, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--13 , S.13---Constitution of Pakistan (1973), Art.199---Constitutional petition---eviction of tenant---Default in payment of rent---Sale consideration---Plea of---Effect---Landlord filed ejectment application of tenant on grounds of alteration in the premises and default in payment of rent---Tenant contested ejectment application and denied his relationship with landlord as a tenant and further asserted that sale agreement was entered into between landlord and the tenant whereunder sale consideration had been paid by him to the landlord and denied tenancy agreement, being bogus---Rent Controller allowed ejectment on the ground of default in payment of rent---Appellate Court, on appeal upheld the judgment of Rent Controller---Validity---Tenant admitted that premises belonged to the landlord and it was sold to the tenant---Original ownership of the landlord was not denied by the tenant---Two courts below after assessing evidence came to clear finding that relationship of landlord and tenant did exist and the tenant had committed wilful default---High Court declined to interfere in concurrent findings of the courts below in its constitutional jurisdiction---Constitutional petition was dismissed in limine.