1995 MLD 163 KARACHI-HIGH-COURT-SINDH

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KHURSHEED AGHA VS HAJRA BI 1992 SCMR 46, PLD 1976 SC 469, Sindh Rented Premises Ordinance 1979--21 , ---Ss.15(2) & 21(1)---Ejectment application---Maintainability---Tenant contended that landlord, being fully conscious of death of original- tenant, having omitted to join two sons of original landlord as party to eviction application, application for ejectment had become incompetent and not maintainable---Tenant who had not raised such plea in his written statement, had contended that it being a point of law, could be raised at any stage of proceedings without pleading same---Contention of tenant was repelled as it was a mixed plea of fact and law-and circumstances that all tenants had not been joined in an eviction application, would essentially be a plea of fact which unless expressly raised in pleadings question of law would hardly arise for determination as to the effect of non-joinder of some of the tenants in an eviction application---Plea, in circumstances, could not be raised for the first time in appeal without having been pleaded earlier in pleadings.