1992 CLC 492 KARACHI-HIGH-COURT-SINDH

Full text

M.S. ENGINEERING CO. VS MUHAMMAD MUSHTAQ Sindh Rented Premises Ordinance 1979--19 , ----Ss. 15, 19 & 21---Ex parte eviction order---Maintainability---Ex parte eviction order passed by Rent Controller against tenants on their nonappearance had been challenged by tenants alleging that landlords had manipulated service by fraudulent means and that they had in fact never been served---Rent Controller admittedly did not at all act in haste in proceeding ex pane against tenants, but had exhausted all available modes to effect service on them and that too not only once, but repeatedly---Tenants were shown greatest indulgence as regards service on them as their service was effected in person, twice by publication, twice under registered cover and at least once under postal certificate and twice by affixation---No justification thus existed to doubt authenticity of service on tenants and claim of tenants that landlords had fraudulently manipulated service on them could not sustain---Appeal of tenants against ex parte eviction order of Rent Controller, was liable to be dismissed on merits as well as on ground that it admittedly was patently time-barred.