Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Ex parte order of ejectment ---All modes of service of notices on petitioner were tried---Notices by registered post, under postal certificates and through bailiff were sent--­Notices were twice published in newspapers--- Court had done whatever was in its power and repeatedly done to effect service on petitioner--Ex parte proceedings were taken as a last resort---Ex parte proceedings against petitioner would appear to be amply justified in circumstances---No interference was called for---Leave to appeal was refused. ORDER SHAFIUR RAHMAN, J.---The petitioner a tenant, seeks leave to appeal against the judgment of the High Court,, of Sindh dated 31-5-1990 whereby an ex parte order of ejectment passed against the petitioner was maintained and its appeal dismissed. 2. The petitioner was tenant over a plot of land (No.60/lA, Ghulam, Hussain Qassim Road, Garden West, Karachi). The respondents purchased this plot of land on 7-4-1986 and sued for the ejectment of the petitioner on various grounds but when the petitioner appeared and contested those proceedings according, to the petitioner, it was unconditionally withdrawn by them. The petitioner was threatened with forcible eviction whereupon it instituted a suit. The parties were also involved in proceedings under section 145, Cr.P.C. in respect of the same plot of land. In this background of contentious litigation, a second application for ejectment of the petitioner was filed and it proceeded ex parte against the petitioner and an order of ejectment was passed on all the grounds taken up in the application. On coming to know of the ex parte decree the immediate reaction of the petitioner was to file an application under section 12(2) of the Code of Civil Procedure before the Rent Controller and also to file an appeal. Ultimately, the petitioner chose to - prosecute the appeal and withdrew the application under section 12(2) of the Code of Civil…

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