2009 MLD 935 KARACHI-HIGH-COURT-SINDH

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Syed MAZHAR IMAM RIZVI VS Mst. YASMIN BANO 1981 SCMR 527, 1993 CLC 1074, 1993 MLD 224, 1993 SCMR 1685, 1994 SCMR 1485, 1995 MLD 1460, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Ejectment of tenant---Landlord and tenant relationship---Electricity bill whether a proof of ownership---Scope---eviction order was passed by Rent Controller against tenant and the same was maintained by Lower Appellate Court---Tenant assailed both the orders on the ground that no relationship of landlord and tenant existed between both the parties---Validity---Tenant did not file any title document in respect of premises before Rent Controller and had thought it prudent to rely on electricity bill which was not a title document---Tenant also filed a copy of purported allotment order issued by a private construction company which was also not a title document---Even if such allotment order was document issued by government agency like KDA, CDGK etc. it would have been given due consideration but allotment order issued by private party without subsequent' documents like payments made to construction company, lease deed / sale deed etc. the same was of no help to petitioner---Constitutional jurisdiction of High Court could be invoked if it was shown that order was perverse and suffered from some illegality and irregularity---Constitutional jurisdiction of High Court could not be used as a substitute of second appeal---Tenant failed to demonstrate to such effect---High Court in exercise of Constitutional jurisdiction declined to interfere with concurrent orders passed by two Courts below---Petition was dismissed in circumstances.