2022 YLR 2396 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ALI & COMPANY (Deceased) VS ALI AKBAR S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction application---Application against dead person---Non-disclosure of death by legal heirs of tenant--- Effect--- Scope--- Petitioners assailed the dismissal of their application under S. 12(2), C.P.C.---Claim of petitioners was that the respondent/ landlord had obtained decree from the Rent Controller as well as Appellate Court against a dead person---Application under S. 12(2), C.P.C., was concurrently dismissed---Validity---Issue of proceedings against a dead person was not agitated at trial nor in appeal---Legal heirs of the deceased had all along contested the eviction application and had also filed an appeal against the eviction order---Petitioners themselves had not disclosed about the death and had kept silent throughout---Only after the commencement of execution they began to argue that the Rent Controller could not have ordered eviction of a dead person---Petitioners were seeking premium for their own non-disclosure---Constitutional petition was dismissed, in circumstances.