Syed ABDUL HAI Versus MUJIBUL HAQ

This appeal is directed against an order dated 16‑11‑1981 passed by the learned XIIth Senior Civil Judge and Rent Controller at Karachi in Rent Case No.2084 of 1978 ordering the ejectment of respondent No.2 in the present appeal. The appellant, who was not a party to the above rent case has filed the present appeal.

2. The case of the present appellant is that factually he is in possession of the premises in his own right as the owner of the premises as the plot was unauthorizedly occupied. It also seems that the appellant has already Filed a Civil Suit to agitate the question of title. 1 'he learned Rent Controller has held that respondent No.2 was the tenant of respondent No.1 and that he committed default and on the basis of that the ejectment order has been passed.

3. In my view, the question whether the appellant is the owner of the premises in question cannot be agitated in this appeal as the proper forum is the Civil Court through a suit, which the appellant has already filed.

4. I am, therefore, of the view that the appeal has no merits. The appellant may prosecute that suit in accordance with law. The appeal is dismissed but there will be no order as to costs

M.Y.H./A‑318/K Appeal dismissed.