Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 15--Ejectment--Tenant dying during ejectment proceedings--Counsel/legal representatives remaining silent about death of tenant--Ejectment order upheld by appellate Court--Objection raised in execution proceedings that eviction order was void having been passed against a dead person, overruled--Court will not allow party to take advantage of its fraud, petitioners not allowed to take benefit of their own fraud--Petition dismissed. Ahmadullah Farooqi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 17th February, 1985. ORDER ABDUL KADIR SHAIKH, J.--This petition arises out of an application filed by respondent in May, 1967 for eviction of Muhammad Yousuf (deceased), husband of petitioner herein. The Rent Controller, Karachi by the Order, dated 29-7-1970 allowed the eviction application and directed ejectment of Muhammad Yousuf tenant from the demised premises. 2. On 3-10-1970 respondent applied for execution of the order of the Rent Controller, dated 29-7-1970, but in the meantime on 21-9-1970, Abdul Matin and Abdul Naqvi, brothers of Muhammad Yousuf filed an application before the Rent Controller that the original ejectment proceedings may be dropped as having abated for the reason that Muhammad Yousuf had died during the proceedings of the case on 17-2-1970. This application was dismissed by the Rent Controller by the order, dated 25-9-1970 for the reason that "no proceedings were actually pending " and, therefore, the petition was not competent. Abdul Matin and Muhammad Naqvi also contested the execution application and filed Appeal No. 348 of 1970 against the orders of the Rent Controller, dated 29-7-1970. The appeal was dismissed by the Additional District Judge by the judgment, dated 23-8-1970 on the ground that the appellants were strangers to the proceedings. 3. Thereafter, respondent revived the execution application during which petitioner, the widow of the original tenant Muhammad Yousuf, filed objections on the ground that the order of the Rent Controller dated 29-7-1970 having been passed against a dead…

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