2006 YLR 1720 KARACHI-HIGH-COURT-SINDH

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SHAHZAD USMAN VS PRESIDING OFFICER, DISTRICT AND SESSIONS JUDGE, SOUTH, KARACHI 1985 CLC 1606, 1987 CLC 301, 1988 SCMR 322, 1991 SCMR 1103, 1992 SCMR 46, 1999 MLD 3031, 2000 SCMR 845, 2002 CLC 256, 2003 MLD 1033, PLD 1979 Quetta 39, PLD 1985 SC 131, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--2 , Sindh Rented Premises Ordinance 1979--21 , ----Ss. 2(fl(J), 15(2)(iii)(a), 16(1) & (2) & 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground of subletting---Relationship of landlord and tenant---Tentative rent order---Striking off defence---Concurrent judgment of Rent Controller and then Appellate Authority, whereby defence of tenant was struck off for non-compliance of tentative order, had been challenged by petitioner/alleged sub-tenant---Contention of petitioner was that Rent Controller could not pass tentative rent order under S.16(1) & (2) of Sindh Rented Premises Ordinance, 1979 without first determining whether relationship of landlord and tenant existed between landlord and original tenant when tenant had specifically denied existence of such relation---Contention of petitioner was repelled in view of the fact that Rent Controller after examining facts of the case minutely and on the basis of facts argued before him, had reached the conclusion that relationship of landlord and tenant existed---Rent Controller had also concluded on the basis of facts on record that petitioner/alleged sub-tenant, had failed to substantiate with any evidence that there existed relationship of tenant and landlord between petitioner and landlord---Rent Controller had rightly concluded that petitioner was occupying premises in question as a sub-tenant of original tenant---Once an eviction order was passed against original tenant, sub-tenant had no cause of action, especially when original tenant had accepted concurrent order of Rent Controller and Appellate Authority whereby his defence was struck off---Rent Controller after deciding issue of relationship of landlord and tenant between landlord and the original tenant had rightly struck off defence of original tenant for non-compliance of tentative rent order---High Court, in exercise of its constitutional jurisdiction, could not adjudicate on disputed facts of case and could not substitute its view in place of view of the Court below---Constitutional .petition of the sub-tenant being devoid of merits could not be entertained.