1275/2011 Const. P. Syed Zafar Abbas Jafri (Petitioner) V/S Syed Abida Sultana & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-APR-15
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 14 (3) & 15---Civil Procedure Code (V of 1908), O. I, R. 10----Constitution of Pakistan, Art. 199---Eviction petition---Parties to suit---Impleading of necessary party in ejectment proceedings---Intervener mala fides of---Petitioner, in post-remand proceedings, filed application under O. 1, R. 10, C.P.C. in ejectment proceedings on ground that as tenancy agreement was executed between respondents/landlord and tenant through the petitioner being attorney of the landlord, he had interest in ejectment proceedings and being intervener was to be impleaded as proper and necessary party in the proceedings for effectual and complete adjudication of ejectment petition---Landlord had revoked said power of attorney due to misuse of powers by petitioner---Trial court dismissed said application holding that Intervener/petitioner had no right or interest in the matter and the application was filed only to linger on the matter to harass landlord and to waste time of the court---Appellate court upheld the order of the Rent Controller---Ejectment application was accepted both by Rent Controller and appellate court---Contention raised by petitioner was that he had obtained possession of rented property from tenant and was still in possession---Validity---Petitioner had been unlawfully and illegally interfering in affairs of rented property, and caused prolonged delay in ejectment of tenant despite court ejectment orders---Petitioner, in the previously filed petitions, had specifically been declared not to be owner of rented property, but through the present petition he had frustrated the ejectment orders of courts below by obtaining injunctive order against concurrent findings of courts below on pretext of dismissal of his application under O. I, R. 10, C.P.C.---Petitioner had malafidely caused more than six years delay in execution of ejectment order by abuse of process of court---Such was mala fide and illegal interference of a stranger into rented property in ejectment proceedings---Petitioner had neither claimed possession of rented property nor had he the right to obtain the same from tenant---Landlord was entitled to the fruits of ejectment orders and whosoever was in possession of rented property was to be removed---High Court dismissing the present petition ordered that possession of rented property to be handed over to the landlord---Constitutional petition was dismissed with cost.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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