| Case ID |
2dfc31b3-87f7-497c-a5b7-f17b808d7b29 |
| Body |
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| Case Number |
Const. P. No. S-985 of 2023 |
| Decision Date |
Oct 20, 2023 |
| Hearing Date |
Oct 20, 2023 |
| Decision |
The petition was dismissed in limine due to the petitioner's admission of delay in rent payment, which was acknowledged by both lower courts. The Sindh High Court found no manifest illegality in the lower court's decision to allow the ejectment application based on the evidence presented. The court emphasized that its constitutional jurisdiction is limited and cannot reappraise evidence or disturb the findings of fact unless there is an apparent illegality. The petitioner was unable to demonstrate that the delay in rent payment was beyond his control, as he attributed it to economic conditions, which did not constitute a valid ground for relief in this constitutional jurisdiction. The case reinforces the principle that a writ petition does not serve as an appellate forum. |
| Summary |
This case revolves around the application of the Sindh Rented Premises Ordinance, 1979, specifically Section 13 concerning ejectment petitions. The petitioner, ALI TASLEEM, contested the decision of the lower courts regarding the delay in rent payments, which he admitted occurred due to economic conditions. The Sindh High Court, presided over by Justice Muhammad Junaid Ghaffar, upheld the findings of the lower courts, emphasizing the limited scope of constitutional jurisdiction. The decision highlights the importance of adhering to rent payment obligations and clarifies the boundaries of review in writ petitions. This case serves as a significant precedent in landlord-tenant disputes, particularly concerning the enforcement of rental agreements and the implications of delayed payments, making it relevant for both legal practitioners and tenants alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Junaid Ghaffar, J.
|
| Lawyers |
Mr. Ammar H. Quazi
|
| Petitioners |
ALI TASLEEM
|
| Respondents |
COURT OF IXTH ADJ, KARACHI-EAST and others
|
| Citations |
2023 SLD 6936,
2023 PLJ 173
|
| Other Citations |
2016 CLC 1,
2015 PLC 45,
2015 CLD 257,
2011 SCMR 1990,
2001 SCMR 574,
PLD 2001 SC 415,
2023 SCP 197
|
| Laws Involved |
Sindh Rented Premises Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
13,
199
|