284/2016 Const. P. Muhammad Muslim (Petitioner) V/S Azeem Ahmed and others (Respondent)

284/2016 Const. P. Muhammad Muslim (Petitioner) V/S Azeem Ahmed and others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 18-APR-17

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 18---Civil Procedure Code (V of 1908), O. I, R. 10 & S.12(2)---Ejectment of tenant---Execution petition---Conversion of application under O. I, R. 10, C.P.C. to an application under S. 12(2), C.P.C.---Scope---Execution petition was moved wherein an application for impleadment was filed which was converted into application under S.12(2), C.P.C. by the Rent Controller but Appellate Court set aside the said order---Validity---If tenant after entering into rent proceedings had chosen not to contest the same then order of his eviction could not be said to have been obtained fraudulently---Once tenant entered appearance in the proceedings and filed written statement then disposal of the case was on merits---Application under O. I, R. 10, C.P.C. could not be converted into an application under S. 12(2), C.P.C.---Ingredients of S. 12(2), C.P.C. were missing from the contents of application under O.I, R. 10, C.P.C.---Applicant had not alleged fraud and misrepresentation or that Rent Controller had no jurisdiction to entertain the case---Dispute and allegations levelled by the applicant were in the nature of civil matter which were outside the jurisdiction of Rent Controller---Applicant had prayed to be impleaded as intervener in the execution proceedings---Petitioner had not contended that eviction order was without jurisdiction or on account of any misrepresentation---Ownership of tenement could not be frustrated through a collateral proceedings pending before a civil Court---Applicant was neither landlord nor tenant in the demised premises from the date of execution of registered sale deed---Title of tenement stood transferred in favour of landlord by operation of law---Executing Court might evict the tenant in execution of its order passed in rent case---Constitutional petition was dismissed in circumstances.