2014 PLD 295 KARACHI-HIGH-COURT-SINDH

Full text

Mrs. SHABANA ANJUM VS MUHAMMAD GULZAR 1976 SCMR 79, 1985 CLC 256, 1985 SCMR 893, 1992 SCMR 707, 1996 MLD 821, 1999 MLD 2132, 2000 CLC 1997, 2000 SCMR 1197, 2009 MLD 7, 2011 SCMR 1306, 2012 MLD 39, PLD 2007 Kar. 50, Constitutional petition--TERM , General Clauses Act 1897--27 , Sindh Rented Premises Ordinance 1979--13 , Sindh Rented Premises Ordinance 1979--14 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--19 , Sindh Rented Premises Ordinance 1979--21 , Ss. 13, 14, 15, 19 & 21---General Clauses Act (X of 1897), S.27---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant (petitioner's husband)---Service of notice on the demised premises-Non-filing of written statement---Ex parte order---Locus standi of petitioner (tenant's wife) to contest ejectment proceedings---Scope---On admission of rent/ejectment application, notices were issued to tenant, which was duly served on the demised premises, thereafter on failure to file written statement, ex parte ejectment order was passed---Contention of the petitioner/wife of tenant was that her husband/tenant was confined in jail abroad, therefore the service had not been effected properly---Validity---Landlord was not responsible to locate or to find out the address of the tenant, where he was serving or allegedly confined---Service of notice to the tenant on the address of demised premises through his family members was the sufficient proof of valid service---Petitioner being wife of the tenant was having no locus standi, authority or right to contest the proceedings on behalf of her husband/tenant---Constitutional petition was dismissed.