2012 YLR 296 KARACHI-HIGH-COURT-SINDH

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KHAZAN TECH. (PVT.) LTD. VS Syed FAYYAZ AHMED SHAH 1987 SCMR 1957, 1988 CLC 514, 1992 SCMR 1152, 1998 SCMR 1067, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Ss. 17 & 24---Ejectment of tenant---Ex parte order---Tenant assailed ex parte eviction order on the ground that he was not served properly---Validity---Rent Controller adopted legal procedure and provided complete opportunity to tenant, whereas tenant in spite of service of court notice and having complete knowledge of court proceedings, wilfully avoided to contest the matter on merits and had attempted to create a false ground of non-service, which was contrary to the record of the case---Such facts were not disclosed by the tenant in memo of appeal and had been verified by High Court itself by examining Record and Proceedings (R & P) of the case---Conduct of tenant was dubious and his assertion regarding non-service of court notices could not be accepted under the facts and circumstances of the case---High Court noted it with concern that tendency of tenants in rent proceedings to deliberately avoid service of court notices or to thwart court proceedings in order to gain time had become a common feature which was required to be addressed and must be curbed in appropriate cases---Eviction order passed by Rent Controller, in the present case did not suffer from any factual error or legal infirmity, hence did not require any interference by High Court---Appeal was dismissed, in circumstances.