2012 CLC 779 KARACHI-HIGH-COURT-SINDH

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Mst. BUSHRA VS Mst. BUSHRA Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Chief Court Rules--RULE , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(vii)---Sindh Chief Court Rules (O.S.), Rr.105, 106 & 107---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Ex parte order---Service of process---Refusal to accept process---Rent Controller passed ex parte eviction order against tenant, as she intentionally did not join proceedings---Validity---Statement of bailiff showed that sons of tenant categorically refused to accept the court notice and under law such refusal was good service---To give full opportunity to tenant to safeguard her interest in the case, publication was also made but tenant did not come forward---Whatever was claimed by landlord, had gone un rebutted and Rent Controller was left with no choice, except to proceed further ex parte and pass eviction order---Tenant was aware of the case and was watching it closely and remained under the mirage that she would be able to delay proceedings and that once the order would be passed, she would come up with the plea that such was not in her knowledge but she failed in her anticipation and plans---Nothing was stated on oath in supporting affidavit to the application for setting aside ex parte order, regarding knowledge of the case or otherwise and in such circumstances application was dismissed by Rent Controller---Tenant had deliberately and willfully and with mala fide intentions kept herself away from the case, despite service---High Court, in exercise of Constitutional jurisdiction, declined to give any grace or latitude by upsetting concurrent findings of the courts below---Petition was dismissed in circumstances.