Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)-Ss. 17, 19(2), 20 & 22 read with Civil Procedure Code (V of 1908), Ss. 141 & 151 and O. XXI, rr. 100 & 101-Ejectment order-Execution-Civil Procedure Code, in terms, not applicable to proceedings before Rent Controller-Nonetheless,. Rent Controller free to follow equitable principles contained in C. P. C.-Order passed by Rent Controller in execution of order of ejectment-Held, appealable before High Court. ORDER ZAFFAR HUSSAIN MIRZA, J.-The petitioner company is the owner of a building known as Bambino Chamber on the Garden Road, Karachi. The first respondent herein, Messrs Selmor International Limited was a tenant of the petitioner in respect of room No. 27 on the fourth. floor of the aforesaid building for office purposes, since January, 15. However, in July, 1976 the petitioner filed an ejectment application under the Urban Rent Restriction Ordinance, 1959 and in these proceedings learned Rent Controller passed an ex parte ejectment order against the first respondent on 30-11-1977. 2. It is the case of the petitioner that in February, 1978 he filed an application, for execution of which notice was ordered but since the first respondent could not be served in the ordinary mode, substituted service by affixation of the notice on the outer door of the premises in dispute, was effected and thereafter execution was ordered to issue. It seems that notice by publication through newspaper was also sent. By a further order, the learned Rent Controller also directed that police aid for executing the writ of possession be provided to the petitioner. It seems that in the meantime, however, the vacant possession of the premises in dispute had been handed over to. the .petitioner and the latter had induced the second respondent herein, into the premises as a tenant under the terms of a written lease-deed executed between the parties on 19-4-1977. The second respondent seems to have been paying rent which was being accepted by the petitioner, who also issued receipts for these payments. This being the position on the date when the writ of possession was issued, as soon as the second respondent came to know that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492