2025 MLD 789 KARACHI-HIGH-COURT-SINDH

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Agha Imtiaz Ali Khan VS Mrs. Syeda Tatheer Fatima S. 12(2) & O.1, R. 10(2)---Rent matter---eviction of tenant---Ex-parte ejectment order---Respondent No. 1 filed ejectment application against respondent No. 2---Rent controller allowed the eviction application by way of an ex-parte order---Petitioner filed an application under S.12(2) read with O.1, R. 10(2), C.P.C., seeking recalling of the ex-parte ejectment order on the ground that the same was obtained by way of fraud, misrepresentation and concealment of true facts, but same was dismissed---Appeal was filed, which was also dismissed---Validity---Respondent No. 1 filed ejectment application against respondent No. 2, who was real brother of the petitioner, however, the petitioner did not bother to bring on record true facts as to tenancy between respondents Nos. 1 and 2---Petitioner used to deposit the rent in bank on behalf of his brother through cheques as admitted by him in cross-examination---Case of the petitioner hinged merely on a sale agreement said to have been executed in his favour by the respondent No. 1 for which he availed civil remedy by filing a suit for specific performance and permanent injunction, but failed to succeed either before the Trial Court or before the Appellate Court, whereby the claim of the petitioner as to purchase of the demised premises from the respondent No. 1 was declined---Findings of fact given by Rent Controller were concurred by the Appellate Court---Under constitutional jurisdiction, the Court avoids to give contrary findings until and unless the same are proved to be perverse, based on misreading or non-reading of evidence---Even otherwise, the powers in rent matters under constitutional jurisdiction of the Court are limited and confined only to ascertain whether the Courts below have flouted the statute or failed to follow the law relating thereto---Constitutional petition was dismissed, in circumstances.