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MIRZA MUHAMMAD SABIR BAIG versus SAEED


Section 15 (4) Constitution of Pakistan, Article 199 Constitutional Application Restoration of the Building To the Tenant Restoration of the occupation Pre-requisite The applicant was a tenant in the under construction building and was demolished due to the condition of the building and thereafter a A new building was built. Three years after the construction of the new building, the applicant requested for the restoration of the occupation of the new building in lieu of the old building, the petitioner's application was dismissed by the controller of rent and the lower appellate court attached the jurisdiction condition. What was the provision of Section 15 (4) of the Sindh Rented Premises Ordinance, 1979, that the tenant had to apply to the rent controller before the new building was completed and the tenant was in possession of another tenant of the controller. Was authorized under Section 15 (4) of the Rated Prices Ordinance. , 1979, pass an order directing the tenant to move into such area of the new building, which has no excuse, that the petitioner in the old building knew full well that the area occupied by him. The building has been demolished and replaced with a new building, but he made no attempt to approach the rent controller immediately after the new building was built and it was only after that. After a long time, when he asked the rent controller to occupy the appropriate area in the new building, such action showed maliciousness on the part of the applicant and he did not approach the court with open hands. Did the High Court refuse? Record harmony recorded by the two courts below the orders passed against the applicant

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