1986 CLC 1520 KARACHI-HIGH-COURT-SINDH

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ZAIBUNNISA VS SULTAN AHMAD Sindh Rented Premises Ordinance 1979--21 , Sindh Rented Premises Ordinance 1979 S. 21(1)--Civil Procedure Code (V of 1908), S. 12(2)--Plea of fraud and misrepresentation--Application before Rent Controller--- Competency of--First Rent Appeal against eviction order passed by Rent Controller in respect of property in dispute was dismissed by High Court--Petition for special leave to appeal was also dismissed by Supreme Court--Once order of Rent Controller was taken in appeal to Appellate Court and further to Supreme Court by way of petition for special leave to appeal order of Supreme Court on such petition, held, would be operative order and decree of lower Court would mergen decree of Appellate Court--Application under S. 12(2) of Civil Procedure Code, therefore, was not competent before Rent Controller in circumstances.