2018 CLCN 32 KARACHI-HIGH-COURT-SINDH

Full text

Mst. AMNA BIBI VS PROVINCE OF SINDH through Secretary, Law and Justice Department, Karachi PLD 2006 SC 226, S. 15---Civil Procedure Code (V of 1908), S. 151---Execution proceedings--- Executing Court issued writ of possession against tenant---Tenant moved application under S. 151 of C.P.C. to recall writ of possession having been issued before expiry of time of vacation of premises as ordered by the High Court---Writ of possession---Scope---Landlord contended that application of tenant was her yet another delaying tactic to avoid eviction order against her---Validity---Only grievance urged by the tenant was that the Executing Court had issued writ of possession before expiration of the time allowed by the High Court to the tenant for vacating the demised premises, while dismissing her constitutional petition---Alleged grievance of the tenant was absurd, for the application under S. 151, C.P.C. against the issuance of writ of possession was filed by the tenant before the Executing Court eight days after four months period allowed to the petitioner for vacating the demised premises by the Court, secondly, mere issuance of writ of possession one or two days prior to the expiration of the period given to the tenant could hardly furnish a ground for her to file the said application, it rather adversely reflected upon the tenant---Proceedings had started in the year 2006 and remained pending 10 years, but the tenant by moving applications had been making attempts to protract her possession and deprive the decree-holder the fruits of decree/eviction order in her favour as long as she could, which was deprecated by High Court---Rent Controller by dismissing the tenant's application in question had not committed any illegality---Present constitutional petition was not maintainable, which was dismissed accordingly.