Law: Constitution of Pakistan, 1973

Section: 199,4,9,10-A,23,24

Law: Contract Act, 1872

Section: 202

Law: Code Of Civil Procedure, 1908.

Section: ORDER 1 RULE 10,ORDER II RULE 2,12(2)

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Summary: The petitioner challenged the execution of a writ of possession and eviction orders related to a rented property, claiming ownership through a sale arrangement and an irrevocable General Power of Attorney under Section 202 of the Contract Act, 1872. She alleged fraud, misrepresentation, and violation of fundamental rights under Articles 4, 9, 10-A, 23, and 24 of the Constitution. The respondents argued that the petitioner lacked locus standi, all relevant rent proceedings under the Sindh Rented Premises Ordinance, 1979, were lawful, and earlier petitions and appeals had already attained finality. The Court held that the constitutional petition was barred by res judicata, finality of statutory forums, and lack of jurisdictional defect, mala fide intent, or patent illegality. Consequently, the petition was dismissed as meritless. Sections/Articles Used: Article 199 of the Constitution of Pakistan, 1973 (constitutional petition) Articles 4, 9, 10-A, 23, 24 of the Constitution (fundamental rights) Section 202, Contract Act, 1872 (irrevocable GPA) Order I Rule 10, CPC (impleadment of parties) Section 12(2), CPC (setting aside orders for fraud, misrepresentation, or jurisdictional defect) Section 15, Sindh Rented Premises Ordinance, 1979 (eviction of tenant) Order II Rule 2, CPC (res judicata / constructive res judicata) Two 2-Word Descriptions: Eviction Dispute Property Litigation O R D E R  The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - To suspend the operation and execution of the impugned writ of possession, arising out of the rent case, forthwith; Declare the rent proceedings coram non judice and without lawful authority; Remand the rent case to the Rent controller, with direction to implead the petitioner and decide afresh after hearing all parties; Restrain respondents from dispossessing the petitioner from the subject premises in any manner whatsoever; Grant any other relief deemed just and proper in the circumstances. It is the case of the petitioner that on 17-11-2011 Muhammad Saleem agreed to sell the Ground…