Law: Karachi Small Causes Court Act, (IV of 1929)

Section:

  Karachi Small Causes Courts Act (IV of 1929), S. 27--- Proceedings for recovery of rent-Cannot be stayed to avail decision of civil suit filed by owner to establish his title to property.   Deosthan Math Alonya Baba, through Sarbarakar Govindgir Guru Suratgir Gosai v. Ramdayal Balgovind Kalwar and others A I R 1943 Nag. 307 ref.   Karachi Small Causes Courts Act (III of 1929), S. 32-- Trial Court taking erroneous view of matter and declining to decide question at issue before it-Interference in. revision by High Court justified.   F. Kanematsu & Co. Ltd. v. S. Nazir Hussain Puri P L D 1957 Kar. 832; Sunderdass Ghanshamdass v. Tarasing Premsing and another I L R 1944 Kar. 42 ; B. B. & C. I. Ry. Co. v. Abdul Rahman Muhammad Abdullah A I R 1931 Lah. 606 and Labhu Ram v. Mool Chand A I R 1921 Lah. 91 considered. JUDGMENT   This revision petition has arisen out of an order passed by the Additional District Judge, Karachi, in his capacity as Judge of Small Causes Court, Karachi, directing that the proceedings taken by the petitioner under section 27 of the Karachi Small Causes Court Act for the recovery of rent from Laiq Ahmad, respondent, be stayed to await a decision of a civil suit which had been filed by the petitioner to establish his title to the property in dispute.   When the case was heard by the trial Court, it was contended that Laiq Ahmad,respondent, was a minor, but no such objection is now being raised, because it is admitted that Laiq Ahmad, respondent, is no longer a minor.   The petitioner's suit for declaration of title of the property in dispute was based onthe ground that he had constructed this property and had afterwards, agreed to sell it to the respondent, but the agreement of sale was, subsequently, cancelled and part of the purchase price paid to him was returned. The correctness of these allegations is disputed by the respondent, but for the purpose of decision of the present revision petition it is not necessary to go into these matters. The contention of the petitioner's counsel is that as in the application under section 27 of the Karachi Small Causes Court Act the Court was required…