| Citation(s) |
|---|
| 1963 SLG 3622 = 1963 SLD 3622 = 1963 PLD 715 |
Sindh High Court
Civil Revision Application No. 29 of 1963, decided on 29th March 1963.
Presented By: Masud Ahmad, J
Fazalbhoy for Appellant. A. C. Joshi for
Respondent. Date of hearing : 27th March 1963.
Civil Revision Application No. 29 of 1963, decided on 29th March 1963.
Presented By: Masud Ahmad, J
Fazalbhoy for Appellant. A. C. Joshi for
Respondent. Date of hearing : 27th March 1963.
S. M. HAMID ALI-Applicant
VERSUS
C. R. MACHADO-Opponent
Law:
Section:
General Clauses Act (X of 1897)-Repeal of Karachi Small Causes Court Act (IV of 1929) tender which vested right to take proceedings for ejectment had accrued-Right not taken. away unless such intention is clear from repealing enactment. Karachi Small Causes Court Act (IV of 1929), Ss. 18, 23 & 24-Application under S. 18 filed before repeal of Act by Provincial Small Causes Court (Amendment) Ordinance (LI of 1962)-Right to sue accruing under S. 23 can be enforced even after repeal of Act. The Colonial Sugar Refining Company Limited v. Irving 1905 A C 369 ref. Karachi Rent Restriction Act (VIII of 1953), S. 10(1) [as amended by KarachiRent Restriction (Amendment) Ordinance (XLVIII of 1962)]-Words "except in accordance with the provisions of this section"-No method of ejectment valid except that provided in section-Order obtained by landlord under S. 18, Karachi Small Causes Court Act, 1929 infructuous after its repeal by Provincial Small Causes Court (Amendment) Ordinance, 1962-Karachi Small Causes Court Act (IV of 1929), Ss. 18, 23 & 24-Pro vincial Small Causes Court (Amendment) Ordinance (LI of 1962), S. 7 JUDGMENT The facts out of which this revision petition has arisen, briefly stated, are as follows :- Respondent Mr. C. R. Machado, who claims to be the landlord of the property indispute, after obtaining a certificate from the Rent Controller under subsection (?) of section 10 of the Karachi Rent Restriction Act, 1953, before it was amended by Ordinance No. XLVIII of 1962, filed an application in the Court of Small Causes at Karachi, under section 18 of the Karachi Small Causes Court Act on the 1st May 1961, for ejectment of the petitioner, S. M. Hamid Ali, who was said to be occupying this property as his tenant. The Karachi Small Causes Court Act was repealed with effect from the 7th June 1962 and its place has been taken by the Provincial Small Cause Courts Act. In the last mentioned Act there is no provision corresponding to section 18 of the repealed Act. The respondent's application under section 18 of the Karachi Small Causes CourtAct was heard and disposed of by the…