1997 CLC 1543 LAHORE-HIGH-COURT-LAHORE

Full text

MUHAMMAD YASIN VS ADDITIONAL DISTRICT JUDGE, BAHAWALPUR Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitution of Pakistan 1973--199 , S. 13---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), 0.1, R. 10---Constitutional petition---Application under Oil, R. 10, C.P.C. seeking to be impleaded in Constitutional petition by persons claiming to be co-owners of landlord, refuting exclusive ownership of landlord with regard thereto and disclosing pendency of civil suit in that regard---Validity---Such application seemed to be afterthought affair and figment of imagination of not only applicants but also of tenant to cause prolongation of matter---Question of co-ownership or title of property was beyond domain of Rent Controller and extraneous to proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959, having no nexus therewith---Relationship of landlord and tenant which was "sine qua non" for eviction proceedings stood admitted and there was no cavil to that effect---Rent deed conclusively affirmed the same--Application in terms of 0.1, R. 10, C.P.C. was, thus, not warranted and was turned down in circumstances.