2011 PLD 14 ISLAMABAD

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LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1987 SCMR 565, 2008 SCMR 1395, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Ejectment petition--term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2 (g) & 17 (9)---Civil Procedure Code (V of 1908), O. I, R. 10--- Ejectment petition--- Necessary party--- Tenancy was created by a person who was general power of attorney of the landlady and his power of attorney had been revoked prior to his creating tenancy in favour of the tenant--- Plea raised by tenant was that the attorney was a necessary party to ejectment proceedings--- Validity--- After revocation of general power of attorney, he was neither landlord nor tenant in eviction petition--- Previous attorney had no authority to lease out the premises, hence, he being a stranger, if had executed any lease agreement in respect of demise shop, was rightly not taken into consideration by Rent Controller---Status of the tenant was that of an unauthorized tenant---Tenancy created through a stranger could not be enforced by legal means, thus such tenant in the premises could not press any legal right and court could not come forward for his rescue.