Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185 (3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 12--Ejectment--Execution proceedings--Leave to appeal granted to consider several points raised by appellants including that since all objections raised by tenant in first round of litigation were overruled it was not open to him to raise similar pleas in execution proceedings. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 12--All parties praying that in view of several legal and factual pleas raised, interest of justice required that parties be given a chance to agitate factual as well as legal pleas before Rent Controller who would hear objections to execution application of landlords in respect of order of ejectment passed by him--Supreme Court granted prayer setting aside of Courts below and directing that objections filed by tenant to execution application should be heard and decided afresh by Rent Controller in accordance with law. Shaikh Hyder, Advocate Supreme Court with Ali Akbar, Advocate-on-Record for Appellants. Abdul Majeed Khan, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record for Respondents. Date of hearing: 6th December, 1982. JUDGMENT ABDUL KADIR SHAIKH, J.--Dispute in this case relates to tenancy of shop on plot :No. 168/8 Liaquatabad, Karachi. According to the appellants, their father Masihuddin (deceased), let out the shop to A.M. Siddiqui, respondent 2, who however represented at the time of the execution of the agreement dated 9-7-1969, that his name was A. M. Marghoob son of A.M. Siddiqui, joined in this petition as respondent 1. Later, on 23-12-1969 on the failure of the tenant to pay rent, Masihuddin filed an application for his eviction, in the name of A.M. Marghoob son of A.M. Siddiqui as mentioned in the rent agreement. In defence, it was asserted by A.M. Siddiqui, respondent 2, that A.A. Marghoob was a minor and the ejectment proceedings were not valid. Learned Rent Controller rejected this plea by the order, dated 21-3-1972 and afterwards by the order dated 19-2-1972 directed ejectment of the tenant. Petitioner then filed Civil Suit…

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