IN THE HIGH COURT OF SINDH AT KARACHI

C.P.NO.D-590 OF 2015

Present:

Mr. Justice Aqeel Ahmed Abbasi.

Mr. Justice Muhammad Junaid Ghaffar.

M/s Data Steel Pipes Industries (Pvt) Ltd----------Petitioner

Versus

M/s Ebrahim Trust & others---------------------------Respondents

Date of Hearing: 6.5.2015

Date of Order: 6.5.2015

Petitioner: Through Mr. Muhammad Arif, advocate.

Respondent No.1: Noor Zehra Ebrahim, Managing

Trustee of Respondent No.1 in person.

Respondent No.3: Through Mr. Riaz holding brief for Mr. Agha Faisal, advocate.

Respondent No.6: Mr.Saifullah AAG along with Ms.Nasreen Sehto, State Counsel

Mr. Dilawar Hussain, Standing

Counsel on Court Notice

O R D E R

MUHAMMAD JUNAID GHAFFAR, J:- Through instant petition, the petitioner has sought the following relief(s):-

i) To direct the respondent No.1 and officials of the respondent Nos.3 and 4 to restore the electricity supply of the said premises of the petitioner i.e. office No.10 and 11, Ground floor, Ebrahim Building, 20 West Wharf Road, Karachi by installing the K-Electric meter.

ii) To direct the respondent No.5 not to make the harassment and not to involve the office bearers of the petitioner in any false criminal case with the collusion of respondent No.1 illegally and unlawfully without any judicial inquiry.

iii) To direct the respondent No.5 to provide legal protection to the office bearers of the petitioner in accordance with law.

iv) Cost of petition.

v) Any other relief or relief which this Hon’ble Court may deem fit and proper under the circumstances of this Petition.

2. Briefly stated facts are that the petitioner is tenant of respondents No.1 and 2 in respect of premises Nos.10 and 11, Ground Floor, Ebrahim Building 20 West Wharf Road, Karachi. It has been stated that the respondent No.1 has time and again caused harassment to the petitioner and other tenants, whereas, in the year 2004, electricity supply of all the tenants of the said building was disconnected, whereafter, 24 tenants filed a Petition bearing No.542 of 2005 before this Court and by orders of this Court, the electricity supply was restored, whereafter by consent, the said petition was disposed off. It is further stated that on 20.12.2014, the electricity supply of the petitioner was disconnected and the meters, which were installed by K-Electric/respondent No.3, were removed with the collusion of respondent No.1 without any lawful authority. Whereafter, an FIR was lodged by the respondent No.1 bearing No.515/2014, Under Section 380 PPC before P.S. Docks, wherein, Directors of the petitioner’s Company were also nominated, however, after investigation; the police have submitted “A” Class report, which has been accepted by the Judicial Magistrate.

3. Learned Counsel for the petitioner has contended that electricity supply of the petitioner has been unlawfully disconnected, whereas, they have not defaulted either in payment of rent or payment in respect of electricity charges. Learned Counsel further contended that respondent No.1 has acted without any lawful authority and with malafide intentions to cause harassment to the petitioner, so as to coerce the petitioner to vacate the demised premises. Per learned Counsel separate meters were installed by respondent No.3 at the request of the petitioner and respondent No.1 had no lawful authority to get the same removed. Learned Counsel prayed that Respondent No.3 may be directed to restore the electricity supply to the petitioner.

4. Conversely, Mst. Noor Zehra Ebrahim, Managing Trustee of respondent No.1 present in person contended that the instant petition is not maintainable, as admittedly, petitioner and respondent No.1 have relationship of landlord and tenant and an appropriate remedy in such matters is provided under Section 11 of the Sindh Rented Premises Ordinance, 1979. She further submitted that even otherwise, petitioner has defaulted in payment of electricity dues, whereas, meters in question were installed by the petitioner without any permission or authority from the landlord, hence, K-Electric was approached for removal of such meters, which since have been removed. She further contended that no harassment has been caused to the petitioner and in view of Rent Agreement between the parties; the electricity supply can be disconnected by the landlord, if any default occurs.

5. Comments have been filed on behalf of Respondent No.3/K-Electric, in which, it has been stated that no electricity connection has been disconnected by the respondent No.3, nor any meters have been removed by them. It has been further stated that the meters in question were shifted from their original position i.e. from outside the building premises, to inside, illegally and without any authorization, whereas the same have been found to be closed. According to respondent No.3, the dispute pertains to payment of electricity charges by the petitioner to respondent No.1 and has got no concern with K-Electric.

6. We have heard all the learned Counsel and perused the record. It appears that admittedly, the petitioner is tenant of respondent No.1 and pursuant to Tenancy Agreement dated 23.11.2000; the petitioner is using the electricity supplied by and on behalf of the respondent No.1. Clause-7 of the said agreement is in respect of electricity supply, which reads as under:-

“Clause-7

If the tenant desire to use landlord’s light and power meter and landlord having agreed to his use, the tenant shall pay to landlord his standard charges for electricity consumed in the premises and landlord reserves the right to disconnect, if tenant is in arrears of monthly rent and electrical charges.

7. It further appears that pursuant to such agreement, the respondent No.1 has disconnected the electricity supply of the petitioner, as according to respondent No.1, the petitioner has defaulted in payment of electricity dues, whereas, the meters in question had been installed without any permission from the landlord as stated by respondent No.3. On perusal of the record before us and after having heard the learned Counsel for the parties and respondent No.1 in person, we are of the tentative view that the dispute between the petitioner and respondent No.1 is entirely dependent on a factual controversy, that as to whether the petitioner has defaulted in payment of electricity dues or not and that as to whether, the petitioner is using the electricity being supplied through and by the landlord or not. In so far as respondent No.3 /K-Electric is concerned, they have categorically stated in their comments that no electricity has been disconnected by them in respect of the petitioner. This Court while exercising jurisdiction under Article 199 of the Constitution of Pakistan, 1973, cannot go into ascertainment of facts and resolve such factual controversies which require leading of evidence by the parties specially when such facts have been categorically controverted by the parties. Further the entire case of the petitioner appears to be against respondent No.1 which is a private person, whereas respondent No.3 (utility company) has already stated that no disconnection has been effected by them. It is also noted from the pleadings that there exists a tenancy agreement between the petitioner and respondent No.1, who are admittedly tenant and landlord, hence the appropriate remedy, if any and if so advised, can be availed as provided in terms of Section 11 of the Sindh Rented Premises Ordinance, 1979.

8. In view of hereinabove, facts and circumstances of the instant case, we are of the view that instant petition is not maintainable and for such reasons, we had dismissed the same in limine vide short order dated 6.5.2015 and above are the reasons for short order.

JUDGE

Talib