1995 CLC 178 KARACHI-HIGH-COURT-SINDH

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RASHIDA AFSAR VS KAZI AND SONS West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 15---Civil Procedure Code (V of 1908), 0.I, R.10---Application for ejectment against tenant-=-Necessary party---Wife of tenant moving application for being impleaded as a respondent in place of, or in addition to, her husband who was missing or unheard of since 1985 and that she and her children had been living in demised premises and she was paying rent since her husband went missing in `1985---Wife's application to be impleaded in ejectment application was dismissed and ex parte eviction order was passed by Rent Controller---Validity---Tenant's wife being admittedly occupant of premises must also be impleaded alongwith her husband so that she could explain her position and a dishonest landlord might not play fraud upon the Court and his tenant by filing eviction application in the name of a previous tenant---Landlord in his ejectment application had himself admitted that a lady claiming to be the wife of tenant was in occupation of premises and had been tendering rent through cheques which she was issuing under her own signatures---Tenant's wife being in occupation of premises since the inception of tenancy and since she claimed that her husband was unheard of since a number of years, she would be a necessary party to ejectment application---Tenant and his wife were, thus, both necessary parties to ejectment application---If tenant was alive as claimed by landlord, his wife could defend ejectment application on his behalf as a member of his family---If tenant was dead or could not be found as claimed by his wife, she would enter into the shoes of tenant as his legal heirs in occupation of premises---Tenant's wife's application to be impleaded in ejectment application filed against her husband, thus, had to be allowed---Ex parte ejectment order was set aside and case was remanded to Rent Controller, before whom landlord would file amended ejectment application impleading tenant's wife as a respondent alongwith tenant and disposal of same in accordance with law.