2018 CLC 1471 KARACHI-HIGH-COURT-SINDH

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Dr. MASUMA HASAN VS MUHAMMAD HAFEEZ S.15---Civil Procedural Code (V of 1908), S.12(2)---Application for setting aside eviction order---Allegation of fraud and misrepresentation against landlord---Effect---Tenant contended that the Court could not dismiss her application without framing issues and recording evidence---Landlord contended that matter had already been decided at all relevant available forums---Validity---Tenant after contesting the matter and having exhausted all the remedies available to her, could not re-agitate the same matter by filing the application under S. 12(2), C.P.C. and that too before the first forum, which amounted to review of the judgments and orders, depriving the decree-holder the fruits of the decree---Remedy provided under S. 12(2), C.P.C. would not be available like a regular suit, and the court could dispose off such application without framing of the issues and recording evidence of the parties---Remedy of filing application under S. 12(2), C.P.C. was not available to the tenant in circumstances---Tenant had filed application under S. 12(2), C.P.C. in order to retain the possession of the rented premises with herself by making absurd assertions---Record did not even remotely suggest that any fraud or misrepresentation was committed with the Court---Rent Controller had dismissed the application under S. 12(2), C.P.C. filed by the tenant, after proper application of mind and appreciating the record and, was justified in not framing the issues on such absurd assertions---No illegality or infirmity having been noticed in the impugned order---Constitutional petition was dismissed accordingly.