Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Constitution of Pakistan, Art.199---Constitutional petition---Eviction petition---Execution of orders---Scope---Petitioner assailed order passed by Executing Court whereby debtor was directed to vacate the rented premises---Validity---Petitioners alleged claim, right or interest in respect of the demised premises, had admittedly not been recognized or accepted by the Supreme Court as his application under S.12(2), C.P.C. was dismissed---On the contrary, Supreme Court had observed that if he claimed ownership rights of the demised premises through some agreement to sell and some litigation was pending in that regard before the court of competent jurisdiction, such cases would be decided on their own merits---Petitioner, being an outsider and alien to the execution proceedings, had no locus standi to file the Constitutional petition---Present petition was nothing but a clear and blatant abuse of process of the court and another mala fide attempt by the petitioner to frustrate the eviction order by further prolonging the execution proceedings---Petition was dismissed with costs. Date of hearing: 19tyh September, 2018. ORDER NADEEM AKHTAR, J.----This Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been filed by Mohsin Ghayur Haider against order dated 07.09.2018 passed by learned Executing Court viz. IInd Senior Civil Judge and Rent Controller Karachi Central in Execution Application No.20/2017 filed by respondent No.3 against one Muhammad Iqbal Haider (who has not been joined as a party in the present petition), whereby writ of possession was ordered to be issued with direction to the judgment debtor to hand over vacant and peaceful possession of demised premises viz. Bungalow No.C-333, Block 6, F.B. Area, Karachi, consisting of ground and first floors ('the demised premises'), to the decree holder. The impugned order was passed in the above execution proceedings on a statement filed by the present petitioner who was not a party in the said execution proceedings and whose application under Order I, Rule 10, C.P.C. had already been dismissed by the…

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