| Citation(s) |
|---|
| 1983 SLG 707 1983 SLD 707 = 1983 PLD 208 |
First Rent Appeal No. 334 of 1981, decided on 17th October, 1982.
Before Z. C. Valiani, J
Shamsuddin for Appellant. Muneer Malik for
Respondent. Date of hearing : 10th October, 1982.
Mir ALI AHMED KHAN TALPUR--Appellant
VERSUS
JOSEPH D'MELLO-Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 21
(a) Sind Rented Premises Ordinance (XVII of 1979)
-- S. 21-Appeal-Rent Controller setting aside dismissal of ejectment application on application put in as application for review-Prima facie application filed by landlord moved as a review but in fact by this application respondent seeking setting aside dismissal of his ejectment application on ground of his non-appearance on a date when ejectment application not fixed for regular hearing and as such maintainable Contention that Rent Controller had no power to review not disputed, but record showing, that Rent Controller instead of passing order on a review application of appellant for which that date was fixed dismissed ejectment application of respondent for non-appearance and on respondent's application Rent Controller set aside his order of dismissal mainly on ground that ejectment application was not fixed for regular hearing on that date-Order of Rent Controller setting aside his order of dismissal, held, not illegal in circumstances -[Review].