2014 MLD 550 KARACHI-HIGH-COURT-SINDH

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ABDUL GHAFFAR VS EJAZ ALI 1987 CLC 1113, 1987 MLD 2149, 1991 SCMR 1029, 1993 CLC 1970, 2004 CLC 1326, 2006 CLC 379, PLD 1980 Lah. 110, PLD 2004 Kar. 502, Constitutional petition--TERM , Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant---Judgment passed against dead person/tenant---Effect---Ejectment application filed by landlord against tenant on default of payment of rent was dismissed---Appeal filed by landlord was allowed by Appellate Court, consequently tenant was directed to vacate the shop in question---Contention of the petitioners/legal heirs of deceased tenant was that during pendency of ejectment proceedings/ appeal, the tenant died but his legal heirs/petitioners were not impleaded as party and judgment passed against a dead person was not sustainable under law---Validity---Appellate Court recorded and pronounced the judgment against a dead person, without impleading or hearing the legal representatives of the deceased tenant---Impugned judgment was a nullity, which could not be rectified, more particularly, when right to sue survived and such intimation in shape of statement showing the death of tenant had been placed before the Appellate Court in that behalf and court was to cause legal heirs to be made them party---Court could not continue with the adjudication of proceedings in appeal without joining and notice to legal heirs of the deceased tenant---Impugned Appellate Court judgment was set aside---Case was remanded to Appellate Court with the direction to make legal heirs of the deceased tenant as party and thereafter decide the matter afresh on merit.