2019 CLCN 65 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD MUZAMMIL VS Khawaja MUKHTIAR ALI S. 15---Civil Procedure Code (V of 1908), S. 12(2)---eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---eviction petition filed by landlord was allowed and the said order was maintained up to High Court---Tenant, in execution proceedings, filed an application under S. 12(2), C.P.C. wherein he claimed that the attorney of landlord had sold out the demised premises to him---Application under S. 12(2), C.P.C. was concurrently dismissed by executing court and appellate court---Validity---Landlord had never informed the tenant about his intentions to sale the demised premises---Tenant, before entering into sale purchase of the demised premises with the attorney, should have insisted upon withdrawal of execution petition filed against him---Tenant could not defeat the order of Rent Controller by claiming title adverse to the title of landlord who had put him in possession of demised premises as tenant---Petition was dismissed and Rent Controller was directed by the High Court to issue writ of possession of the demised premises within 15 days. [Paras. 7 & 9 of the judgment]