1983 CLC 985 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHAFI VS BAMBINO LTD Sindh Rented Premises Ordinance 1979--19 , -- S. 19 (2) -- eviction proceedings-Ex parte order-Contention that landlord fraudulently pursued rent cases filed against previous tenant in respect of property occupied by appellants (present tenant) paying rent regularly, landlord obtained ex parte order against previous tenant and execution of writ of possession against appellant a dishonest act on part of landlord whereby appellant was dispossessed as appellant never a party to case and bar contained in S. 19 (2) operates against party shown in ejectment application Appellant tenant not shown as respondent in rent application filed by landlord against previous tenant and also receiving no notice for such proceedings-Appellant tenant, held, dispossessed illegally being not a party to such proceedings and ex parte order illegal because proceedings before Rent Controller became infructuous and coram non judice as relationship of landlord and tenant in case pending before him ceased to exist when landlord put appellant into possession of disputed premises-Writ of possession, held, cannot be executed against appellants tenant, in circumstances.