| Citation(s) |
|---|
| 2018 SLG 1627 2018 SLD 1627 2018 CLC 1082 |
Sindh High Court
C.Ps. Nos. S-127 of 2016, S-1094 of 2010 and M.A. No. 264 of 2016, decided on 04-05-2016. Date of hearing: 18-04-2016.
ABDUL RASOOL MEMON, JUSTICE
Mukhtiar Ahmed Khoso and Habibullah G. Ghouri for the Petitioner (in C.P No.S-127 of 2016). Prem Chand R. Sawlani, for respondents Nos. 1 to 4 (in C.P. Nos. S-127 of 2016).
C.Ps. Nos. S-127 of 2016, S-1094 of 2010 and M.A. No. 264 of 2016, decided on 04-05-2016. Date of hearing: 18-04-2016.
ABDUL RASOOL MEMON, JUSTICE
Mukhtiar Ahmed Khoso and Habibullah G. Ghouri for the Petitioner (in C.P No.S-127 of 2016). Prem Chand R. Sawlani, for respondents Nos. 1 to 4 (in C.P. Nos. S-127 of 2016).
JURIO MAL THROUGH L.RS AND OTHERS
VS
NANIK RAM AND OTHERS
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Civil suit, pendency of---Scope---Mere pendency of civil suit by tenant against landlord does not debar his ejectment till decision of the suit. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 22---Civil Procedure Code (V of 1908), S. 12(2)---Ejectment of tenant---Execution proceedings---Judgment on question of law, setting aside of---Execution of ejectment order was pending before Executing Court when petitioners filed application under S. 12(2), C.P.C., for setting aside of on a question of law which application was dismissed and order was maintained by Lower Appellate Court---Validity---Contentions of petitioners related to a pure point of law and same could not be challenged under S. 12(2), C.P.C. as it had no relevancy with alleged fraud---Petition on law point had already been dismissed by Supreme Court and High Court could not dig and sit over such orders which had attained finality up to Supreme Court---High Court, in circumstances, declined to issue any direction regarding framing of any issue as application under S. 12(2), C.P.C. was not maintainable---Questions of relationship of landlord and tenant and default were decided on merits up to Supreme Court and same had attained finality---Executing Court in circumstances, rightly overruled objections raised by petitioners during execution proceedings---No appeal laid against order passed by Executing Court under S. 22 of Sindh Rented Premises Ordinance, 1979---No illegality or irregularity was found in the order passed by Lower Appellate Court being in accordance with law---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, J.--- This is second round of litigation between the parties on same subject-matter. The first round had gone upto Hon'ble Supreme Court in which the Applicants (hereunder will be referred as Applicants/Petitioners) lost their case along with their review filed against the order of Hon'ble Supreme Court. In this subsequent round Applicants/Petitioners have filed an application under section 12(2), C.P.C. against the short order…
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