2002 CLC 548 KARACHI-HIGH-COURT-SINDH

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SATTAR VS SENIOR CIVIL JUDGE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , ----S. 15---Constitution of Pakistan (1973), Art. 199-Constitutional petition ---Ejectment of tenant ---Impleading of legal heirs of tenant as party to the eviction proceedings after death of the tenant---Contention of the legal heirs was that they had been impleaded in the proceedings without prior notice---Validity---Legal heirs admitted themselves to be the tenants as they had been living in the tenement with their father--Rent Controller had rightly joined the legal heirs in the proceedings and the contention of the legal heirs was devoid of any force ---Joinder of the legal heirs was itself a notice to them to contest the claim and case of the landlord---Legal heirs were joined only to provide them an opportunity to contest the case---Case was like the one where a fresh rent case was filed against the tenants---No illegality was committed by the Rent Controller in the order passed for joinder of the legal heirs---Constitutional petition was filed only to prolong the possession of the premises which was dismissed accordingly.