2012 CLC 793 KARACHI-HIGH-COURT-SINDH

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ABDUL FAYYAZ KHAN VS IIIrd ADDITIONAL DISTRICT JUDGE, KARACHI, SOUTH 1970 SCMR 471, 1999 CLC 892, 2000 SCMR 472, 2003 MLD 131, 2006 CLC 379, 2006 SCMR 437, 2011 SCMR 290, Constitutional petition--TERM , Ejectment application--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application---Maintainability---Non-filing of resolution of Trust---Premises was owned by a Charitable Trust and ejectment application was filed by a person claiming to be Chief Trustee---eviction order passed by Rent Controller against tenant was maintained by Lower Appellate Court---Plea raised by tenant was that ejectment application was not competently filed---Validity---Both the courts below erred by not considering the fact taken at preliminary stage that the person claiming to be the Chief Trustee had no authority/resolution of the Charitable Trust to file the case---Even the person claiming to be Chief Trustee stated during evidence that he could produce the Trust Deed if required but failed to produce the same---On failure to produce Trust Deed, the names of trustees of the Trust could not be ascertained and therefore, photocopy of the resolution filed by the said Chief Trustee with his affidavit-in-evidence before Rent Controller, which was not admissible otherwise, had no value or sanctity---Rent Controller and Lower Appellate Court committed jurisdictional error by not giving any findings on the authority of the person who filed the ejectment case---High Court, in exercise of Constitutional jurisdiction, found glaring irregularities, infirmities, illegalities, misreading, non-reading of evidence and jurisdictional error in orders of both Rent Controller as well as Lower Appellate Court and set aside eviction orders passed by both the courts below and ejectment application was dismissed---Petition was allowed in circumstances.