Case Details

Citation(s)
1993 SLG 915 1993 SLD 915 1993 CLC 761
Sindh High Court

QAISER AHMED HAMIDI, J
Mohsin Tayebally for Appellant. M. Shah for
Respondents

ASMAT SULTANA BEGUM through her Legal Heirs

VS

INSPECTOR OF SCHOOLS, Southern Zone, Karachi, and 6 others

Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXI, Rr. 89, 91, 97 & 103---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Ejectment of respondents from premises in question--­ Petitioner's case was that originally the institution run by official respondent was the tenant but they had transferred their rights to other respondents without his permission---All the respondents contested ejectment application jointly ---Ejectment application was granted and petitioner filed execution application---Respondents whose status as tenants had been denied by petitioner applied to Rent Controller in execution application that their status as tenant having been denied by the petitioner, they were not to be ejected in terms of the order of ejectment ---Rent Controller acceded to such plea--­ Validity---Rent Controller had failed to appreciate that writ of possession was to be respondent/tenant or any other person claiming through him and he also lost sight of the fact that OXXI, R. 103, Civil Procedure Code provided in clear terms that all questions arising as to title or interest in, or possession of immovable property between an applicant under OXXI, R.97, C.P.C. between the parties would be adjudicated upon and determined by the Court---Only directions which Rent Controller could have issued, were to issue a writ of possession in respect of the building in question and if and when execution was resisted by any person, then such a person would have moved an appropriate application to establish that he was claiming independent rights---Order in question, passed by Rent Controller wherein he had directed writ of execution only against person claimed to be tenant by landlord and not against other occupants who were not deemed to be tenants by landlord, was set aside and Rent Controller was directed to issue writ of possession in respect of building in question----Persons resisting or obstructing such execution would have right to move appropriate application to establish their claim, which would be disposed of in accordance with law. JUDGMENT It is desirable to state briefly certain facts giving rise to this litigation. 2. On 17-1-1963, the appellant filed an…
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