Law: Sindh Rented Premises Ordinance (XVU of 1979)

Section: 21

Sindh Rented Premises Ordinance (XVII of 1979) 5. 21-Interim order-Contention that since preliminary issue relating to assumption of jurisdiction by Rent Controller disposed of after recording evidence, it cannot be considered as an `interim order' as envisaged under S. 21 of Ordinance and on basis of analogy of S. 11, C. P. C. same operated as res judicata and could not be agitated by appellant in subsequent appeal fled on merits-Held, since Ordi nance has not provided for an appeal in respect of orders not dispos ing of entire application, impugned order only an `interim order' for purposes of assuming jurisdiction and appellant possessed legal right to challenge such finding in a regular appeal.-.-[Appeal (civil)]. Link 1 Link 2 Link 3 Date of hearing : 22nd March, 1981.                                                                                  JUDGMENT The appellant above-named, being aggrieved by the order dated 13th May, 19800, passed by the VIth Rent Controller, Karachi, in Rent Case No. 4052 of 1978, by which he held that there existed a relationship of land lord and tenant between the appellant and respondent, has preferred this appeal, inter alia on the following facts and grounds :- 2. The respondent is the owner of the premises No. 1030 final No. 811 NAC-11, Mahmoodabad, Karachi. The said premises were in possession of Abdul Quddus, Abdul Rauf, Mst. Amna Khanum and Mst. Fatima Bibi as the legal heirs of deceased Haji Muhammad Ishaq. There are five shops in the said premises and Shops Nos. 3 and 4 were let out to one Badruddin, brother of the appellant by an agreement by previous co-owner Abdul Quddus on 1-9-1966. About two years back, the said Badruddin subletted the shops in question to the appellant, without the consent of the previous owner and in order to avoid litigation, the previous owners accepted the appellant as a tenant of the shops in question. The property in question was sold to the respondent by previous owners on 24th…