Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Civil Procedure Code (V of 1908), O. I, R. 10---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Dispute over title---Necessary party---Petitioner was ex-wife of landlord and she claimed to be owner of premises and her suit for declaration against her ex-husband (landlord) was pending before civil court---Application for becoming party to ejectment proceedings was dismissed by Rent Controller and the same was maintained by Lower Appellate court---Validity---No case for interference in concurrent findings of facts recorded by two courts below was made out---Petitioner had no locus standi whatsoever to file appeal against ejectment order passed by Rent Controller, which order was not assailed by both the parties contesting rent proceedings---Petitioner claiming herself to be owner of premises, filed appeal before Lower Appellate Court, which had rightly been dismissed by said court---Constitutional petition was dismissed in circumstances. Shakeel Ahmed v. Muhammad Tariq Farrogh 2010 SCMR 1925; Messrs Mehraj Ltd. v. Miss. Laima Saeed 2003 SCMR 1033; Raza Hussain v. District Judge Vehari 1986 SCMR 1267; Syed Imran Ahmed v. Bilal and others PLD 2009 SC 546 and Muhammad Azam and another v. Muhammad Akram 2008 SCMR 1034 ref. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.---Petitioner assailed the concurrent findings of learned lower courts, whereby the ejectment sought by respondent No.1 from the case premises (R.A. 5 of 2010) on the ground of wilful default in payment of rent was allowed by order dated 17-5-2011, which was upheld by learned Appellate Court vide order dated 6-9-2011, passed in FRA 35 of 2011. Being aggrieved and dissatisfied by the impugned orders, mentioned above, the petitioner preferred the instant petition on the ground set out in the memo of petition. 2. Relevant facts necessary for disposal of instant petition are that respondent No.1 filed rent application that he owns Bungalow No.8/1 and 9/1 situated in Mir Hassanabad and before respondent No.1/applicant could occupy the bungalow after its construction, he decided to leave for USA, where he had his…

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