Case Details

Citation(s)
1991 SLD 1623 = 1991 CLC 1175
Sindh High Court
First Suit Appeal No.260 of 1990, heard on 9th January, 1991
Presented By: Before Muhammad Hussain Adil Khatri, J
Faizanul Haque for Appellant. Farooq H . Naek for
Respondents.

MUHAMMAD IBRAHIM --- Appellant

VERSUS

Mst. KANEEZ FATIMA HAYA and 3 others---Respondents

Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 22

. Sindh Rented Premises Ordinance (XVII or 1979)- ---- Ss. 15 & 22 --- Execution of ejectment order---Objection to --- Document on basis of which intervenor claimed to be owner of premises in dispute and prayed for dismissal of execution application filed by landlord against tenant/judgment debtor was proved to be forged one which was fabricated by intervenor simply to defeat and nullify eviction order passed by Rent Controller against the, recorded tenant of, the premises in dispute --- Title document produced by intervenor, having been found as forged, the entire case of intervenor stood demolished-- Intervenor pleaded that in case Rent Controller was not satisfied with his title document, he should have directed landlord to approach Civil Court for declaration of his title before seeking eviction of tenant---Plea of intervenor was of no consequence as there was nothing for which intervenor or landlord could be directed to approach Civil Court for determination of the title of property in dispute especially when there was enough material before Rent Controller to express his opinion about title of intervenor in respect of premises without entering into niceties of law. Faizanul Haque for Appellant. Farooq H . Naek for Respondents. Date of hearing: 9th January, 1991. JUDGMENT The present appeal has been filed against order dated 24-5-1990 passed by the With Senior Civi7 -judge and Rent Controller, Karachi (South) in Execution No.32 of 1985 whereby, the application of the appellant under Order XXI, Rule 99 Read with Section 151, C.P.C. was dismissed. Briefly the facts are that the property bearing premises No.G-1, situated on plot bearing City Survey NoA.M.41/A, corresponding to Custodian No.111-B, 59/C, was transferred by Settlement Authorities to Mst. Saeedunnisa vide PTD No.KYC/2729/66   dated 13-2-1963. The said transferee sold the above property to respondent No.1 by Deed of Conveyance registered at No.314 on 8-11-1967. Respondent No.2 Mohammad Shari, since deceased, was the recorded tenant of the said property as per record of the Settlement Authorities. The respondent No.1, through her Advocate served on respondent No.2 notice dated 25-11-1971,…
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