Syed NAJAF ALI SHAH vs MUHAMMAD IQBAL S — 2022 CLC 1945 KARACHI-HIGH-COURT-SINDH

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Syed NAJAF ALI SHAH VS MUHAMMAD IQBAL S.13---Eviction petition initiated against a dead person---Objection regarding maintainability of such petition---Respondent/landlord filed an eviction application against the deceased/tenant for his eviction from the shop on grounds of personal need and default in payment of rent---Rent Controller accepted the eviction application against the legal heirs of tenant---Appeal filed by petitioners was dismissed by Appellate Court---Validity----Respondent had not disputed that the case was filed by him against a dead person as he had claimed that he was not aware about the death of deceased----Respondent did not claim that the deceased was alive at the timing of filing of the rent case and the assertion about petitioners tenant's death at the relevant time was false---Admittedly the case was filed by respondent against a dead person---Respondent's only defense was that the defect, if any, in the proceedings initiated by him stood cured when the petitioners were substituted as opponents in place of their late father---Contention of respondent could not be accepted as the legal representatives of deceased could be brought on record only if suit had been instituted during deceased person's life time and he died after institution and during pendency of the suit---Suit/proceedings initiated against a dead person, in the present case, was a nullity and such fatal defect could not be cured subsequently by bringing legal representatives of deceased defendant on record----Since a specific objection was raised by petitioners in their written statement regarding the maintainability of the case on the ground that it was filed against a dead person, a point of determination ought to have been framed by the Rent Controller---Record showed that the death certificate of the deceased was produced by petitioners in their evidence before the Rent Controller---No point for determination was farmed in that behalf, no findings had been given in relation thereto by any of the Courts below and the impugned judgments were completely silent with regard to such important and fundamental objection raised by petitioners---Case filed by respondent admittedly against a dead person being void and a nullity in the eyes of law, was liable to be dismissed by the Rent Controller and such fatal defect could not be cured subsequently by impleading petitioners/ legal representatives of the deceased----Constitutional petition was allowed.

Syed NAJAF ALI SHAH vs MUHAMMAD IQBAL S — 2022 CLC 1945 KARACHI-HIGH-COURT-SINDH

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