Law: Karachi Rent Restriction Act (VIII of 1953),

Section: 4

(a) Karachi Rent Restriction Act (VIII of 1953),   S. 4 proviso first-Time-barred application-Rent Controller to determine ques tion of limitation before entering upon enquiry into merits of case.   Where the question was whether on an application being made under section 4 of the Karachi Rent Restriction Act, 1953, the Rent Controller was entitled to enter upon an enquiry into the merits of the case when an objection had been taken before him that the application could not be entertained on the ground that it was time-barred.   Held, that the first proviso to section 4 of the Karachi Rent Restriction Act, 1953 provides that the Rent Controller shall not entertain an application which is made after the expiry of four months of the occupation of the premises and that he shall not take any action on his own motion in such a situation. If, therefore, in an application, which has been instituted before the Rent Controller under section 4, the opposite party appears and tells him "you cannot entertain this application because it is time-barred" the Rent Controller is not entitled to enter upon an enquiry into the merits of the case before determining the question of limitation first because for the reason of the lapse of time, he is prohibited from interfering with the application or taking any action.   (b) Karachi Rent Restriction Act (VIII of 1953)   S. 4 first proviso and Limitation Act (IX of 1908), S. 3-Distinction.   While the first proviso to section 4 of the Karachi Rent Restriction Act, 1953 prohibits the entertaining of any application which is barred by time, section 3 of the Limitation Act, 1908 merely enables the Court to dismiss the suit and appeal etc., which is instituted or preferred after the period of limitation although limitation may not have been set up as a defence. Entertainment of an application relates to the initial stage whereas the dismissal can be ordered at any time.   (c) Karachi Rent Restriction Act (VIII of 1953)   S. 4 provisos Order of Rent Controller seeking to enter upon enquiry into merits of case without first deciding question of limitation which alone entitled him to…