2014 YLR 1787 KARACHI-HIGH-COURT-SINDH

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FAKEER MUHAMMAD VS ABDUL JABBAR Aggrieved Person--TERM , Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 12(2)---Sindh Rented Premises Ordinance (XVII of 1979), S. 15---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---eviction order of tenant, setting aside of---Misrepresentation and fraud---Locus standi--- Aggrieved person--- Scope---Contention of applicant was that he was real son of tenant who was abnormal and was co-sharer in the demised premises but no notice was served upon him---Application was dismissed concurrently---Validity---No document was on record to establish that applicant (tenant) was co-sharer in the demised premises and was mentally disabled---Landlord being owner of suit property let out the same to the tenant through tenancy agreement and applicant being son of tenant was residing with him along with his mother and sisters---Relationship of landlord and tenant existed between both of them and applicant (son of tenant) in his personal capacity had no locus standi to file the present application under S.12(2), C.P.C.---Applicant had no cause of action during the life time of tenant with whom he was residing to agitate the impugned order passed by the competent court---Despite service of notice tenant did not appear before the Rent Controller and eviction application was accepted in his absence---Execution petition had been filed against the tenant in which notice had been issued but tenant had not challenged ejectment order before any forum till date---Section 12(2), C.P.C. had provided adequate remedy to an aggrieved person for setting aside judgment or order obtained through misrepresentation and fraud but such remedy was not open for the party which would neither fall within the ambit of an "aggrieved person" nor had any legal character and locus standi to step-in in the proceedings either pending or disposed of if judgment or order was not obtained by misrepresentation and fraud---Person who was neither a party to the earlier proceedings nor had any vested right in the dispute in question could not seek the remedy by invoking the jurisdiction of court under S. 12(2), C.P.C.---Applicant had neither any locus standi nor legal character to challenge the impugned eviction order as there was nothing on record to establish that by committing misrepresentation and fraud upon the court landlord had obtained the same---Constitutional petition was not maintainable which was dismissed in circumstances.