| Citation(s) |
|---|
| 1994 SLD 757 = 1994 CLC 1089 |
Sindh High Court
First Rent Appeal No. 857 of 1986, decided on 4th March, 1987.
Presented By: Before Naim-ud-din, CJ
Muneeb Ahmad Khan for Appellants. Badrudduja Khan for
Respondent.
First Rent Appeal No. 857 of 1986, decided on 4th March, 1987.
Presented By: Before Naim-ud-din, CJ
Muneeb Ahmad Khan for Appellants. Badrudduja Khan for
Respondent.
QADRI BROTHERS FOUNDRY AND WORKSHOP and others---Appellants
VERSUS
MASOOD HUSSAIN ANTRIA---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 15 , 21 , 22
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 21---Civil Procedure Code (V of 1908), OXLI, R.22---Ejectment of tenant ---Ejectment was ordered on grounds of default in payment of rent and subletting---Landlord, however, failed on ground of personal bona fide need---Tenant having filed appeal, landlord on receipt of notice filed cross- objections on ground of bona fide personal need ---Cross-objections--Competency of---Cross-objections could be entertained under provision of O.XLI, R.22, C.P.C. which is inapplicable in ejectment appeals---Landlord's prayer to treat cross-objections as appeal was not possible because if treated as appeal same would be barred by time---Appeal under S.21, Sindh Rented Premises Ordinance, 1979, was required to be filed within thirty days from the date of order---Although provisions of O.XLI, R.22, C.P.C. were not applicable in term, but to the broad equitable principles contained therein could be applied. Messrs Bambino Ltd. v. M/s. Sehnor International Ltd. and another PLD 1983 SC 155; Muhammad Tufail v: Barkat Ali PLD 1967 Kar. 151; M/s. Yusuf & Co. v. Mst. Rasheeda Begum PLD 1975 Kar. 684; Shaikh Muhammad Ashraf v. Shaikh Muhammad Almas PLD 1981 Lah. 52; Ghulam Hussain Malik v. Ghulam Dastgir Khan 1983 CLC 1520; Shafique-ur-Rahman v. Abdul Ghani 1986 CLC 2020; Abdul Haq v. S. Basharat Ali 1985 CLC 1429; Sh. Muhammad Ashraf v. Haji Muhammad Ahmad 1985 CLC 1433 and Mst. Jamila Begum v. Awam-un-Nass and others PLD 1978 Lah. 1375 ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Admission of appeal---Effect---Appeal being continuation, of proceedings, where same was admitted, whole case would open up for review---Where any ground taken up by a party was rejected unduly, party aggrieved by such rejection could urge that ground before Appellate Court in support of appeal or in support of order---No…