2020 CLC 1286 PESHAWAR-HIGH-COURT

Full text

Haji MUKARRAM KHAN VS Haji BADSHAH KHAN S.13---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 89-A---Ejectment petition---Tenant filed application for summary rejection of eviction petition on the ground that co-owner had compromised with him---Rent Controller dismissed the said application---Validity---If co-owner of demised premises had filed separate application for enhancement of rent and same had been decided on merit or under S.89-A of C.P.C. then it did not create a bar in the way of seeking ejectment of tenant nor same rendered the ejectment petition not maintainable---Even one of co-sharers could file an application for ejectment of tenant---Interim order of Rent Controller could not be assailed under constitutional jurisdiction of High Court---Constitutional petition was dismissed, in circumstances.