Law: Constitution of Pakistan 1973

Section: 199

Law: Sindh Rented Premises Ordinance (XVU of 1979)

Section: 11(4),(5)

Constitution of Pakistan (1973) Art. 199 read with Sindh Rented Premises Ordinance (XVII of 1979), S. 11(4), (5)-Discontinuance of service-Power to order restoration of service-Held, predicated upon voluntary act of landlord to - discon tinue or cause to be discontinued any service-Supply of electricity to rented premises disconnected by Electric -Supply Corporation for certain defaults on part of landlord-Order of Rent Controller directing restoration of service without ascertaining cause for disconnection . Held, without jurisdiction in circumstances of case-Power of Controller only extends to ordering restoration of supply as previously provided and not to creating new situation by means of fresh connec tion to be supplied to tenant.-[Jursidictionj. Link Date of hearing : 9th March, 1981.                                                         `                                                                                       JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-The admitted position is that respondent No. 2 Muhammad Zaman Abbasi is the tenant in respect of a tenement an a commercial multi-storeyed building known as Al-Noor Chambers, Preedy Street, Saddar, Karachi. On 22-9-1979 the second respondent submitted an application under section 10(2) of the Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance of 1959) against his landlord one Nooruddin son of Salahuddin in the Court of Vlth Rent Controller, Karachi alleging that with effect from 20-9-1978 the said landlord had disconnected the supply of electricity to his premises without any reason and prayed for restoration of the electric supply. By an ex parte order dated 11-2-1980 the learned…