2018 CLCN 46 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD NASEEM-UL-HAQ VS Mst. FARHAT JAMEELA S. 15--- Civil Procedure Code (V of 1908), S. 12(2)--- eviction petition---Execution proceeding---Dispute about entitlement of rented premises---Fraud and misrepresentation was alleged under S. 12(2), C.P.C. by a person who was not previously party to the eviction proceedings---Said applicant contended that he was real owner of the property in question and was receiving rent from the tenant and eviction order was an outcome of connivance of landlord and tenant in rent proceedings---Landlord/execution applicant contended that petitioner could not prove his title through evidence, therefore, Executing Court had rightly dismissed his plea of fraud and misrepresentation---Validity---Record revealed that petitioner filed application under S. 12(2), C.P.C. after more than 3 years of passing of eviction order---Executing Court framed preliminary issue on the question of fraud and misrepresentation as alleged by the petitioner to which parties adduced evidence and the Court dismissed the application of the petitioner finding that the petitioner had failed to prove his case regarding ownership of the subject premises---While in rent proceedings prior to filing of application under S. 12(2), C.P.C. by the petitioner the relationship between the landlord and tenant was established through evidence---On the other hand, petitioner failed to produce rent receipt or counter foil in support of his contention that he was receiving rent as landlord from his alleged tenant---High Court declined to give findings as to genuineness or otherwise of the documents with respect to title of subject premises in the absence of misreading and non-reading of evidence---No illegality or infirmity having been noticed in the impugned orders, Constitutional petition was dismissed accordingly.