2012 MLD 145 KARACHI-HIGH-COURT-SINDH

Full text

Syed MUDDASSIR ALI RIZVI VS NAJEEB MALIK 1983 CLC 380, 1983 SCMR 1064, 1987 CLC 2008, 1989 SCMR 2042, 1990 SCMR 973, 1991 CLC 773, 1992 SCMR 917, 1994 CLC 1302, 1994 CLC 1323, 1995 MLD 303, 1999 MLD 1607, PLD 1991 SC 197, PLD 1994 Kar. 177, Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--18 , Ss. 15 & 18---Civil Procedure Code (V of 1908), S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Change of owner---eviction order, setting aside of---eviction order was passed by Rent Controller and Lower Appellate Court against tenant---Validity---Property in question was purchased by landlord through court and under the orders of court, Bank had conveyed the property through registered instrument and thereafter notice of change of ownership under S.18 of Sindh Rented Premises Ordinance, 1979, was served upon sitting tenant---Landlord having purchased the property under registered instrument, he was the owner of the property and landlord of tenant under occupation of property in dispute---Question of fact and question of title could not be resolved under constitutional jurisdiction---Such question could be resolved in a regular suit in which after recording evidence of parties civil court could record its findings in that respect---Order of ejectment passed by Rent Controller affecting tenant adversely or with regard to title of property, such question could not be decided in a constitutional petition---Tenant failed to point out any jurisdictional defect in proceedings before Rent Controller or misrepresentation of facts or any fraud played by landlord---Petition was dismissed in circumstances.