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Petitioner: MUHAMMAD ASLAM QURESHI VS Respondent: Mrs. MOEENA HIDAYATULLAH and another
Court Name: Supreme Court of Pakistan Judge(s): Anwar Zaheer Jamali, Ghulam Rabbani Title: MUHAMMAD ASLAM QURESHI vs Mrs. MOEENA HIDAYATULLAH and another Case No.: P.L.A. No,550-K of 2011 Date of Judgment:2011-07-04 Reported As: 2014 SCMR 984 Result: Leave granted
Judgment ORDER ANWAR ZAHEER JAMALI, J.---Learned Advocate Supreme Court for the petitioner, inter alia, contends that in so far as findings of fact in rent case are concerned, Rent Controller and the First Appellate Court in terms of section 21 of the Sindh Rented Premises Ordinance 1979 are the final authorities to record such findings, which are not open to question before the High Court in exercise of its jurisdiction in terms of Article 199 of the Constitution, but, contrary to it, in the instant case, concurrent findings of the two Courts below have been up set by the High Court in exercise of its jurisdiction under Article 199 of the Constitution, that too without any plausible and, lawful justification for doing so. In order to fortify his submission as regards this legal position, he has placed reliance upon the case of Shakeel Ahmed v. Muhammad Tariq Farogh (2010 SCM R 1925). 2. To examine the above and other contentions raised in this petition, leave to appeal is granted. C.M.A. 330-K of 2011 3. Notice for a date to be fixed in the next Session. Till then, operation of the impugned judgment shall remain suspended.