2024 YLR 1011 KARACHI-HIGH-COURT-SINDH

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FAQEER HUSSAIN & COMPANY VS SIR HAJI ABDULLAH HAROON TRUST WAKF-2 S. 15---Constitution of Pakistan, Art. 199--- Constitutional petition---Ejectment of tenant---Power of attorney---Ratification of authority---Death of principal---eviction of petitioner/tenant was sought by a person holding joint power of attorney executed by two Matwali of the trust---Rent Controller and Lower Appellate Court concurrently passed eviction order---Petitioner/tenant assailed eviction proceedings on the plea that one of the two principals who executed power of attorney had died before filing of rent case---Validity---Current Mutawalis had the authority under Waqfnama to appoint a person to institute proceedings for eviction of petitioner/tenant---It was open to Mutawalis to ratify unauthorized act on the part of attorney, as the defect was curable---Defect had already been impliedly achieved by defending appeal before Lower Appellate Court and proceedings before High Court---High Court declined to interfere in concurrent orders passed by two Courts below---Constitutional petition was dismissed, in circumstances.