1988 CLC 2164 KARACHI-HIGH-COURT-SINDH

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VAIM METAL AND PLASTIC WORKS VS AZRA VAQAR Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21--Civil Procedure Code (V of 1908), S.12 (2)--eviction application against tenants allowed by Rent Controller--- Appeal against eviction dismissed by Appellate Court--Appellant filed application under S.12 (2), Civil Procedure Code. before Appellate Court which had decided rent appeal, taking plea that he in fact had purchased rented premises in the name of respondent and that sale-deed in favour of such respondent was Benami document without consideration and as such ineffective and inoperative--Competency of appellant to raise such pleas in application under S.12(2), Civil Procedure Code--Such plea, could not be raised in application because document of title in favour of respondent having created unsurmountable obstruction and cloud in the title of appellant, a declaratory suit with consequential relief in shape of cancellation of document or a suit for cancellation of document, ought to have been filed.