Case Details

Citation(s)
1996 SLG 1445 1996 SLD 1445 1996 CLC 1034
Sindh High Court
First Rent Appeal No.577 of 1993, decision dated: 20-11-1995. dates of hearing: 6th and 8-08-1995
DR. GHOUS MUHAMMAD, J
A.F.M. Mukarim for Appellant. Navin Merchant and G.M. Salim for
Respondent

Syed SARFARAZ ALI

VS

SHAH JEHAN BEGUM and another

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 15 & 21---Appeal---Competency---Pending ejectment proceedings, intervenor who claimed to be owner of premises in dispute filed application for impleading him as party ---Intervenor who claimed title or ownership of premises and had not claimed joinder as a tenant, should have been allowed to be impleaded as a co-party to the landlord---Where a person was interested in a case being a proper and necessary party, the dictates of equity and justice warranted impleading him in that case---Order passed by Rent Controller rejecting application moved by intervenor under 0.1, R.10, C.P.C. being not an interlocutory order but a final order in relation to his qualification and locus stand to contest ejectment proceedings an intervenor, was appealable ---Law favoured adjudication in a manner which would avoid multiplicity of proceedings, Courts thus ought to act more readily to avert threatened manifest illegality at the outset rather than act in a manner to allow illegality to be committed and subsequently adopt curative measures--­Appeal against order of Rent Controller rejecting application of intervenor was allowed and case remanded to Rent Controller to allow the impleading of intervenor as a co-applicant/landlord rather than as co-tenant. Muhammad Mobin Siddiqui v. Mst. Shahzadi Begum and 2 others 1982 SCMR 233; Mahboob Bakhsh (Pvt.) Ltd. v. Moinuddin Paracha and another 1989 CLC 1354; Mst. Zubaida Bai v. Mst. Kaniz Bano and another 1989 CLC 1929; Mian Manzar Bashir and others v. M.A. Asghar & Co. PLD 1978 SC 185; Wahid Bux Soomro v. Ghulam Muhammad Baloch 1982 CLC 1438; Sultan Ahmed v. The Vth Senior Civil Judge/Assistant Sessions Judge/Rent Controller and another 1984 CLC 101; Vaqaruddin v. Abdul Haseeb AM and another PLD 1988 Kar. 116; Muhammad Saeed Daftri v. Mst. Razia Begum 1992 MLD 1033 and Muhammad Ibrahim v. Zeenat Bibi and others 1991 CLC 1967 ref. JUDGMENT In this rent appeal under section 21(1) of Sindh Rented Premises Ordinance, 1979 (hereinafter to be referred as "the Ordinance") the appellant has challenged the order dated 10-11-1993 passed by III Senior Civil Judge/Rent Controller,…
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