Case Details

Citation(s)
2011 SLG 2203 2011 SLD 2203 2011 SCMR 1304
Supreme Court of Pakistan
Civil Appeal No. 2281 of 2001, decision dated: 3rd November, 2008 (On appeal against the orders dated 15-1-2001 passed by High Court of Sindh at Karachi, in R.F.A. No. 548 of 1999)
MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN, JAFFERY AND SARMAD, JALAL OSMANY, JJ

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Dr. TAHIRA HUSSAIN and others

VS

. Shaikh WASEEM AHMED

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 21 & 22---Constitution of Pakistan, Art.185---Appeal to Supreme Court---Counsel for appellants, after arguing the matter, had submitted that he would not press appeal, provided the Rent Controller be directed to decide appellants' pending applications; one filed under S.12(2), C.P.C.; and other under S.22 of Sindh Rented Premises Ordinance, 1979---Counsel for the respondent having accepted said offer and raised no objection to that course of action, Rent Controller was directed to decide appellants' pending applications, filed under S.12(2), C.P.C. and S.22 of Sindh Rented Premises Ordinance, 1979, within a period of two months, accordingly. Abdul Qadir Khan, Advocate Supreme Court and A.Aziz Khan, Advocate-on-Record for Appellants. Zafar Alam, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Respondent. Date of hearing: 3rd November, 2008. ORDER MIAN HAMID FAROOQ, J.---Present appeal, by leave of the Court, proceeds against order dated 15-1-2001, whereby the learned High Court of Sindh, Karachi dismissed appellants' appeal (FRA No.548 of 1999) with the following observations:-- "Before parting with this order it may be mentioned that any observations made in this order will not effect the disposal of the applications under section 22 of the Ordinance and under section 12(2), C.P.C. which are stated to be pending for adjudication, in accordance with law as the question of fraud, manipulation in record, misrepresentation and connivance urged therein could only be decided in those proceedings." 2. This Court, on 3-12-2001, upon appellants' filing Civil Petition (CPLA No.194-K of 2001) granted leave to appeal. Leave granting order is reproduced below:-- "This petition is directed against the judgment of the High Court of Sindh, Karachi, dated 15-1-2001, passed in FRA No.548 of 1999. Syed Sharifuddin Pirzada, learned counsel for the petitioners, inter alia, contended that the learned single Judge of the High Court failed to appreciate that the eviction order dated 17-4-1999 passed by the learned Rent Controller was void ab initio, illegal without jurisdiction, coram non judice and nullity in…
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