Case Details

Citation(s)
1992 SLG 385 1992 SLD 385 = 1992 MLD 1675

C.M.A. No. 150 of 1989 in First Rent Appeal No.384 of 1985, decided on 19 th February, 1989.
Qaiser Ahamd Hamidi, J

MEHTAB HUSSAIN ---Appellant

VERSUS

ABDUL AZIZ KHAN---Respondent

Law:

Section:

On 19-3-1981, the appellant had filed an application for ejectment against the respondent in respect of Ist floor of the building situated on Plot No.4/2, Commercial Area, Liaquatabad, Karachi on the grounds of default in payment of rent and personal requirement. The case proceeded before the Rent Controller and was dismissed vide order dated 11-5-1985. The appellant challenged this order in F.R.A. No: 384 of 1985 , which was allowed by this Court vide judgment dated 27-11-1988. The respondent was, however, allowed two months' time to vacate the demised premises   On 25-1-1989, the respondent made an application under section 151, C.P.C., praying therein that he may be allowed one year's time to vacate the premises. The appellant has contested this application.   1992 M L D 1675 I have heard Mr. Nisarally, learned counsel for the respondent and Mr. R.H. Farooqui, learned counsel for the appellant. The learned counsel for the appellant has raised a preliminary objection about the powers of this Court to extend time, by stating that the judgment recorded by this Court on 27-11-1988, in terms of subsection (3) of section 21 of the Sindh Rented Premises Ordinance, 1979, has attained finality and this Court having become "functus officio" has ceased to be an Appellate Court. The expression "Functus Officio", as defined in Law Lexicon Venkatraramaiya, means having fulfilled the function, having…
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