Law: Constitution of Pakistan, 1973

Section: 185(3)

Sind Rented Premises Ordinance (XVII of 1979)--Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respondent against tenant/respondent, petitioner filed an application under S. 22, Sind Rented Premises Ordinance, 1979 and under S. 12(2) of Civil Procedure Code, for recalling order of eviction on ground that he was real tenant of demised premises and proceedings instituted by respondent landlord were ab initio void and illegal as same were allegedly started by first respondent collusively with second respondent--Petitioner not producing any evidence to prove that he was tenant of demised premises--Proceedings were pending for last eight years and it was at execution stage that application had been filed by petitioner without specifying how he came to know about proceedings for last eight years--All pleas raised by petitioner had been adequately dealt with by High Court and rejected for cogent reasons--Leave to appeal refused in circumstances. S.M. Abbas, Advocate-on-Record for Petitioner. Amjad Hussain, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Respondent No. 1. Date of hearing: 7th September, 1988. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 20-3-1988 dismissing an appeal filed by the petitioner. Facts of the case briefly narrated are as under: The first respondent who is the landlord of the premises in question applied to the Rent Controller in 1978 for eviction of the second respondent on the ground, inter alia, that he being the tenant of the demised premises was a defaulter in payment of rent. The second respondent contested the allegations in the written statement and pending disposal of the case, learned Rent Controller passed an order dated 19-7-1979 under section 16(1) of the Ordinance directing the second respondent to deposit Rs. 5,200 as arrears of rent from February, 1976 to June, 1979 at the rate of Rs. 100 per month by November, 1979 and also to deposit future rent at the same rate before 15th of each succeeding month. Since…

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