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2020 PLD 94 PESHAWAR-HIGH-COURT

KPK · 2020

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PAK MUHAMMAD VS Mst. ROZEENA WASEEM S. 12(2)---Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959), S. 13---eviction of tenant---Bar to further suits---Scope---Petitioner filed applications under S.12(2), C.P.C.), before the Rent Controller challenging the decrees on the ground of fraud and collusion between the alleged landlord and alleged tenant---Case of petitioner was that he had purchased the disputed premises from the original owner and the respondents had no connection with it---Rent Controller and Appellate Court concurrently dismissed the applications under S.12(2), C.P.C.---Validity---Title of petitioner was sub judice before the civil court against the vendor, who had denied the version of petitioner---Petitioner had to prove his title before the civil court through solid and concrete evidence---Original owner had transferred the property through registered deed in favour of alleged landlord---Pendency of civil suit did not affect the proceedings before the Rent Controller---Petitioner could not point out his locus standi and factum of fraud practiced upon the court---Revision petition was dismissed, in circumstances.