2004 YLR 326 KARACHI-HIGH-COURT-SINDH

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Messrs SINGER PAKISTAN LIMITED VS Mst. ANWARI BEGUM 1984 CLC 2343, 1986 CLC 1534, 1986 CLC 681, 1988 SCMR 895, 1998 MLD 788, PLD 1978 SC 220, PLD 1985 Kar. 201, Constitution of Pakistan 1973--199 , ----S.14---Constitution of Pakistan (1973), Art. l99---Constitutional petition -- Ejectment of tenant ---Maintainability-- Need of premises by widow---Filing of ejectment petition without joining „other legal heirs as party---Widow sought ejectment of tenant on the ground of personal need after the death of landlord-- Both the Courts below had passed eviction order against the tenant---Plea raised by the tenant was that the petition was not maintainable as the same had been filed without joining the other legal heirs-- Validity---Summary remedy was provided in S.14 of Sindh Rented Premises Ordinance, 1979, to a widow to get the possession of the premises from tenant---No restriction was imposed on the right of widow to file the application without joining the other legal heirs of the deceased--Widow, before filing ejectment application, did not have to file no objection of the other legal heirs---None of the legal heirs had come forward to object to the maintainability of the case filed by the widow being one of the legal heirs---Other legal heirs had consented for filing of the case by the widow as one of the co-sharers in the property---Tenant had not produced even photograph of the premises to prima facie establish that on the ground floor there were more than two shops and one of them was in occupation of the widow---Eviction orders passed by the two Courts below were maintained and Constitutional petition was dismissed in limine.