Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 and Civil Procedure Code (V of 1908), O. XXI, r. 100-H, making application for ejectment of M, his alleged tenant-Ejectment (after contest by M) ordered by Controller and M evicted from property-S, a third party claiming to be tenant in respect of property and protesting that proceedings against M had been fraudulent-Proper remedy for S-To file application under O. XXI, r. 100, C. P. C. Abbas H. Farooqi, Senior Advocate Supreme Court instructed by A. Aziz Dastgir, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 24th August 1971. ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of a shop in a building situated on Burns Road, Karachi which is owned by respondents Nos. 1 to 3. In this shop, the business is carried on under the name of Messrs Service Medical and General Stores. According to the respondents, the shop is a sole proprietorship business owned by the 4th respondent. The petitioner's contention is that it is a partnership business and owned by Umar Abdullah and Abdur Razzaq Ahmad. The building was purchased by the first three respondents in 1963. As the building was required for reconstruction, these respon­dents, in March 1965, filed eviction application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 against all their tenants on the ground that they wanted to rebuild their property. Respondents Nos. 1 to 3 recognized the fourth respon­dent as the tenant of the shop and filed the eviction application against him for obtaining the possession of the shop in dispute. Respondent No. 4 contested the application. The Rent Controller, by order dated the 30th November 1967, allowed the eviction application on the ground of reconstruction of the building. The fourth respondent challenged this order in Appeal No. 573 of 1967 which was dismissed by the Additional District Judge, Karachi, by order dated the 19th February 1968. The fourth respondent challenged this order in appeal before the High Court of Sind and Baluchistan, Karachi. At this stage, the petitioners became aware of the ejectment proceedings instituted…

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