1989 SCMR 258 SUPREME-COURT

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MUHAMMAD HUSSAIN VS ASHFAQ HUSSAIN Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16-A , Sindh Rented Premises Ordinance 1979--22 , West Pakistan Urban Rent Restriction Ordinance 1959--12 , ---Ss. 16-A & 22--Civil Procedure Code (V of 1908), S. 12(2)--Constitution of Pakistan (1973), Art. 185(3)--Ejectment--During execution proceedings started by landlord/respondent against tenant/respondent, petitioner filed an application under S. 22, Sind Rented Premises Ordinance, 1979 and under S. 12(2) of Civil Procedure Code, for recalling order of eviction on ground that he was real tenant of demised premises and proceedings instituted by respondent landlord were ab initio void and illegal as same were allegedly started by first respondent collusively with second respondent--Petitioner not producing any evidence to prove that he was tenant of demised premises--Proceedings were pending for last eight years and it was at execution stage that application had been filed by petitioner without specifying how he came to know about proceedings for last eight years--All pleas raised by petitioner had been adequately dealt with by High Court and rejected for cogent reasons--Leave to appeal refused in circumstances