Law: Sindh Rented Premises Ordinance, 1979

Section: 15 , 12(2)

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S.12(2)---Relationship of landlord and tenant was denied---Suit for specific performance on the basis of agreement to sell was pending between landlord and the appellant, son of the tenant---Prior to the decision of civil suit, the Rent Controller ordered ejectment of the tenant---During the pendency of execution application by the landlord, the appellant moved an application under S.12(2) of C.P.C. which was dismissed by Rent Controller---Validity---Appellant and the tenant were living in the same house, and as such, the appellant had the full knowledge of the pendency and conclusion of proceedings---Appellant did not apply to Rent Controller for ,joining him as one of the parties---Question of title between the appellant and landlord was yet to be decided by the Court---Appellant could not be allowed to ,protract the proceedings by seeking aid of provisions contained in S.12(2) of C.P.C. on baseless allegations of fraud and misrepresentation---Such an application having been filed to abuse the process of Court, Rent Controller had rightly dismissed the application and as such, no interference was required. Words and phrases--- ----"Misrepresentation"---Definition. Black's Law Dictionary, VIth Vol. 1990 Edn., p.1001 ref,   Words and phrases--- ----"Fraud"---Connotation and explanation. Manual of Equity, Pleading and Practice by Eugene A. Jones, 43-44(1916) cited at p.374 and A Dictionary of Modern Legal Usage, Second Edn. by Bryan A. Garner ref. Words and phrases--- ...... Fraud" and "misrepresentation"---Distinction---Both the terms are more or less synonymous, the difference between them is one of intent. G.M. Saleem for Appellant. S.M. Mukhtar Hussain Naqvi for Respondents. Date of hearing: 10th September, 1998. JUDGMENT . The appellant is aggrieved by the orders, dated 22-7-1998 passed by the learned IV Senior Civil Judge/Rent Controller, Karachi South whereby applications under section 12(2) were dismissed in Rent Case No.41 of 1996 (Execution Application No.5 of 1998) and Rent Case No.42 of 1996 (Execution…