1996 SCMR 1339 SUPREME-COURT

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HASSAN KHAN VS AZIZ AHMED Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----S. 15---Ex parte order of eviction against tenant and sub-tenant passed by Rent Controller---Tenant and sub-tenant did not contest order of ejectment but filed objections in execution proceedings claiming lack of notice and lack of knowledge of ejectment application---Tenant also taking plea that alleged subtenant was in fact his servant---Execution application was allowed and writ of possession was issued on the ground that judgment-debtor after filing objections disappeared and remained absent---Tenant's appeal against order of eviction and issue of writ of possession was dismissed---Validity---Person claimed to be the servant by tenant and not sub-tenant had received notice of ejectment application on his own behalf and on behalf of tenant---During pendency of another suit between landlord and tenant written statement filed by tenant clearly stated that landlord had filed ejectment application against him and that same was pending adjudication---Joint appeal filed by tenant and sub-tenant was time-barred to the extent of more than 5 months---In execution proceeding there appeared to be no explanation for remaining absent after filing objections---No flaw or infirmity it. the order in question of High Court was pointed out and same was maintained by Supreme Court in circumstances.