2006 SCMR 76 SUPREME-COURT

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ANWAR AHMAD VS Mst. FAIZA HASSAN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --S. 15---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Default in payment of monthly rent and sub-letting of premises---Ejectment application was dismissed by Rent Controller having not found any default in monthly rent and sub-letting of premises---Appellate Court reversed the findings of Rent Controller and passed eviction order but High Court in constitutional jurisdiction restored the order passed by Rent Controller---Validity---Tenant was inducted in rented premises by landlord himself against written agreement---Landlord failed to prove his assertion that the tenant was inducted by original tenant by way of sub-letting---Alleged default was falsified in view of receipts issued by attorney of landlord and her statement before Rent Controller---Ejectment application was rightly dismissed by Rent Controller and High Court was justified in restoring the order of Rent Controller---Supreme Court declined to take any exception to the judgment of High Court---Leave to appeal was refused.