Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Sheikh MUHAMMAD AMIN VS Respondent: MUHAMMAD SHARIF
Court Name: Supreme Court of Pakistan Judge(s): Maulvi Mushtaq Hussain, Shafi-ur-Rehman, Karam Elahi Chauhan Title: Sheikh MUHAMMAD AMIN vs MUHAMMAD SHARIF Case No.: Petition No.2 of 1980 Date of Judgment:1981-03-06 Reported As: 1985 SCMR 131 Result: Petition dismissed
Judgment ORDER SHAFIUR RAHMAN, J.-- The petitioner, a tenant who has been ejected from the premises in execution of the Controller's order, and who was refused leave to appeal by order, dated 11-12-1979 seeks review of that order. 2. The to grounds pressed into service are that an appeal against an order of the Rent Controller setting aside ex parte order of eviction was not competent and the deletion of the name of Barkat Ali a necessary party to the proceedings vitiated the proceedings. 3. In the order under consideration the conclusion of the to Courts that the ex parte order of eviction suffered from no legal defect or taint was final and could not be recalled was upheld. No inherent' power could be claimed, and none was possessed under the Rent Control Ordinance to set aside such an order. 4. Barkat Ali, being not an aggrieved person in these proceedings, his absence cannot affect the petitioner's claim. The petition is dismissed.