Case Details

Citation(s)
1991 SLG 296 1991 SLD 296 1991 CLC 1720
Lahore High Court
Writ Petition No. 7336 of 1989, decision dated: 5-06-1991, hearing DATE : 7-05-1991.
MALIK MUHAMMAD QAYYUM, JUSTICE

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: MST. ZAKIA FAROOO

VS

(S: CHAIRMAN, UNION COUNCIL and others

Law: Muslim Family Laws Ordinance, 1961

Section: 7

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 23---Civil Procedure Code (V of 1908), S. 12 (2)---Principles contained in S. 12 (2), C.P.C. were applicable to a case decided under Ordinance, 1979 M/s. Bambino Ltd. v. M/s. Selmor International Ltd. and another PLD 1983 SC 155; Muhammad Ilyas v. Hafiz Abdul Malik and others 1991 CLC 1975; Mamor Khan v. Nasiruddin and others 1985 CLC 130; M.G. Gazdar v. Manzoor Hussain 1985 CLC 2438; Mir Salahuddin v. Qazi Zaheeruddin PLD 1988 SC 221; Abdul Baqi v. Malik Mitha Khan and another 1991 SCMR 379; Islamuddin v. Abdul Rahman and another PLD 1986 Kar 70; Mst Nargis and another v. Abdul Razak and another 1987 CLC 1416; Sh Muhammad Azim v. Basit Yar Khan 1989 CLC 302; Parveen Akhtar and others v. Shafiq Ahmed and another 1990 CLC 2019 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Civil Procedure Code (V of 1908), S. 12 (2)---Ejectment order---Execution---Objection to---Tenant against whom ejectment order was finally passed, moved application under S. 12 (2), C.P.C. during execution proceedings for re-calling of against him on ground that order sought to be executed was obtained by means of fraud and misrepresentation--­Tenant/ -debtor failed to make out that orders of Courts below were obtained by decree-holder by fraud or misrepresentation or same were ultra vires---Appeal filed by tenant was dismissed in circumstances. JUDGMENT Appellant Mst. Zaitoon Begum has called in question an order dated 21-12-1988 passed in Execution Case No. 24/87 by Ist Senior Civil Judge, Karachi South.. Brief facts of the case are that respondent Ghulam Rasool filed Rent Case No.4862/82 for eviction of Mst. Shakooran widow of Muhammad Naqi from the premises in litigation viz. Room No.3 of Tayab Ali Building, Asylum Road, Ranchore Quarters, Karachi. Admittedly, the room in litigation was in possession of Muhammad Naqi who died leaving behind Mst. Zaitoon Begum as widow, Mst. Najma Begum and Mst. Sajida Begum as daughters and Mohammad Saeed and Mohammad Rasees as sons. In his Rent Application No. 4862/82 the respondent alleged that Mst. Shakooran Begum widow of Muhammad Naqi was tenant…
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