MUHAMMAD KARIM KHAN AGHA, J. The landlord Ghulam Ali Kader Bhoy has sought ejectment of the tenant from the Property bearing Survey No.B-4/3-A Survey sheet No.7 (new Survey No.2, new No.SR-VII, Serai Quarters Karachi (the Property). There are two concurrent findings against the tenant on account of default in payment of rent. It is noted that the appellate judgment dated 25.2.2023 upheld the impugned judgment largely based on the fact that the appeal has become infructuous because tenant has vacated the premises in the following terms which are set out below:- Further, it is observed that during the proceedings of the present First Rent Appeal, the Judgment Debtors have passed the possession of demised rented premises to Appellant through process of Court and in attending circumstances, virtue happening of such event, the instant FRA becomes infructuous. The learned Counsel for the Respondent/landlord has filed statement to effect that on 13.02.2023 possession has been handed over to the respondent and execution application stands satisfied. In this regard, I lay reference to 1993 SCMR 2360, wherein it has been held that "---S.15--- Constitution of Pakistan (1973), Art. 185(3)---Delivery of Possession during pendency of appeal against ejectment of tenant before Supreme Court Effect---Possession of demised premises having been delivered to landlady during pendency of appeal by tenants, appeal became infructuous and was thus liable to be dismissed." I further, lay reference to 1991 CLC 999, wherein Hon'ble High Court of Sindh has held that "Ss. 21 & 22 Appeal---Maintainability---execution application from which appeal arose, having been disposed of, appeal became infructuous and was dismissed accordingly." Further reference in this regard can be placed on 2002 AC 823. Thus for what has been discussed herein above, the instant FRA thus is not maintainable and order of the learned Trial Court does not require interference accordingly is hereby maintained resultantly, the First Rent Appeal, for above reasons, stand dismissed. All the pending application become infructuous and dismissed accordingly.
2. Even otherwise in the case of Wadho Akhara Trust, Karachi v. Ghafooran and others (1993 SCMR 2360), it was held that delivery of possession during pendency of appeal against ejectment where the possession has already been delivered to the landlady by the tenant appeal became infructuous and was liable to be dismissed. This is the exact position in this case, where the tenant has already left the Property.
3. Accordingly this petition is dismissed under the constitutional jurisdiction of this Court where the tenant might have alternate remedy under law in the given circumstances.