2023 CLC 344 KARACHI-HIGH-COURT-SINDH

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ABDUL HAMEED ASGHAR VS Vth ADDITIONAL DISTRICT JUDGE-EAST S.15---eviction application---Trust property---Scope---eviction applications were filed by respondent in his own name and not on behalf of the trust by pleading therein that he was "the lawful attorney of the owner" of the demised premises; it was not disclosed or pleaded by him that the demised premises were owned by the Trust or he was the landlord and the name of the Trust was not even mentioned anywhere in the applications---Question whether or not respondent had authority to file eviction applications on behalf of the trust was not discussed by the Rent Controller---Indeed an additional issue could be framed at the appellate stage and the parties could be allowed by the appellate court to adduce additional evidence in appeal, but such an exercise could be undertaken by the appellate court and not by the High Court in the petition under Art.199 of the Constitution---Impugned judgments were set aside and the cases were remanded to the Rent Controller with direction to frame a point for determination regarding maintainability of the eviction applications in view of the preliminary legal objections raised by the petitioners---Constitutional petitions were disposed of accordingly.