2023 MLD 380 KARACHI-HIGH-COURT-SINDH

Full text

MAHMOOD ANDHA VS VIITH RENT CONTROLLER KARACHI, SOUTH S. 15---Civil Procedure Code (V of 1908), O. I, R. 10---eviction petition---Court may strike out or add parties---Scope---Landlord sought eviction of tenant through an application before the Rent Controller---Petitioner/intervener filed application under O. I, R. 10, C.P.C., claiming to be in possession of the demised premises and paying rent to the actual landlord---Application under O. I, R. 10, C.P.C., was concurrently dismissed--- Validity--- Landlord had admitted the occupation of petitioner over the demised premises---Administration of justice demand that all parties having interest in the property should be before the Court and heard to defend their rights---Rent Controller had jurisdiction to decide the existence of relationship between the parties---Sindh Rented Premises Ordinance, 1979 was a special law and no procedure for impleading necessary parties was provided therein, therefore, the procedure provided in O. I, R. 10, C.P.C. was applicable to such cases---Constitutional petition was allowed and the petitioner was ordered to be impleaded as party.