Case Details

Citation(s)
2015 SLG 1435 2015 SLD 1435 2015 CLC 606
Lahore High Court
Second Appeal from Order No.33 of 2012, decision dated: 17-10-2014
MUHAMMAD FARRUKH IRFAN KHAN, J
Sh. M. Waheed-I for Appellants. Ch. Abdul Hafeez for
Respondent

KAUSAR FIRDOUS and others

VS

Mian M. ZIA

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. I, R. 10---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13 & 15---Ejectment petition---Impleadment as a party---Scope---Appellants moved an application for seeking their impleadment as party which was dismissed concurrently---Contention of applicants was that they were co-owners in the demised premises---Validity---Applicants seeking impleadment as party in ejectment proceedings were not party within the contemplation of S.15 of West Pakistan Urban Rent Restriction Ordinance, 1959---Title of respondent over the demised premises was quite clear---If applicants had some family dispute, merely on the basis of the dispute respondent should not be made to suffer---Nothing was on record to suggest that ejectment proceedings were collusively instituted just to harm the interest of applicants---Simple ejectment case for eviction of tenant would be converted into intricate question of title if applicants were allowed to be impleaded and to contest the ejectment petition---Presence of applicants before the Rent Controller was not necessary for a final and effectual decision in the ejectment case---Effective order could be passed in the absence of applicants---Application for impleadment as a party was rightly dismissed by the courts below---Appeal was dismissed in circumstances and Rent Controller was directed to decide the matter within a specified period. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---Ss. 15 & 13---Eviction petition---Interim order---Appeal---Competency---Appeal against interim order of Rent Controller was not competent. Mistri Allah Din v. Fazal Muhammad and another PLD 1991 SC 52 rel. (c) Words and phrases--- ----'Party'---Word "party" would refer to those by or against whom a legal suit was brought, whether in law or in equity, the party plaintiff or defendant, whether composed of one or more individuals and whether natural or legal persons: all others who might be affected by the suit, indirectly or consequently were persons interested but not parties. Black's Law Dictionary rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- Appellants have directed this…
πŸ”’
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492