1. ' ABDUL HADI KHOSO, J.---Mr. Munir-ur-Rehman, Advocate for the petitioner has filed this petition, challenging the impugned orders in Rent Case No, 445 of 2009 dated 28-9-2009 passed by the VIth Rent Controller, Karachi (Central) and Judgment dated 21-12-2009 in First Rent Appeal No, 168 of 2009 passed by Vth Additional District Judge, Karachi (Central). Since both the Courts below have passed impugned orders and there is concurrent findings in respect of Flat No,15/16 Third Floor, Faffaro Chambers, SD-28, Block-A, North Nazimabad, Karachi. The learned counsel for the petitioner has stated that the petitioner is statutory tenant and is in a legal and lawful possession of the said premises and he is paying the monthly rent before the Nazir of the VIth Rent Controller, Karachi (Central). In the prayer clause mainly he has prayed for setting aside the impugned orders dated 28-9-2009 and 21-12-2009 respectively, and he has also filed application being C.M.A No,524 of 2010, praying therein for suspension of the operation of the impugned orders..
2. I have heard both the learned counsel at length and drawn attention to the provisions of Article 23 and 24 of the Constitution of Islamic Republic of Pakistan, 1973, in which right of property is protected, and I think that right of ownership is superior than the right of tenancy. I have also taken notice of the fact that the rent for a flat being paid @ 200 and the petitioner is not satisfying on the concurrent findings of the Courts below. I think if such petitions are lingering on while the respondent landlady has suffered the agony of trial before the Rent Controller and the Appellate Court and now is being dragged in Constitutional Petition. So in my view it is harassment for the landlady, if such petitions are allowed. So, seeing no reason and justification in this petition, the same is dismissed.