| Citation(s) |
|---|
| 1999 SLG 796 1999 SLD 796 1999 CLC 342 |
Sindh High Court
First Rent Appeal No.338 and Civil Miscellaneous Application No.990 of 1997 decided on 20-02-1998
MRS. MAJIDA RAZVI, J
Sheikh F.M. Javaid for Appellant M. Rafi Shafqat for
Respondent
First Rent Appeal No.338 and Civil Miscellaneous Application No.990 of 1997 decided on 20-02-1998
MRS. MAJIDA RAZVI, J
Sheikh F.M. Javaid for Appellant M. Rafi Shafqat for
Respondent
Mst. BIBI KUTI
VS
Mst. ATIQA KHANUM through Attorney Khurshid Ahmed Baig
Law:
Section:
(a) Cantonments Rent Restriction Act (XI of 1963)-------S. 24---Appeal---Second round of litigation---Earlier eviction application filed by landlady on grounds of expiry of tenancy agreement and default in payment of rent was dismissed by Rent Controller---Tenant died and appeal was filed against legal representatives which was also dismissed---Second case was filed by landlady on ground of subletting and non-payment of electricity bills--Landlady impleaded only one legal heir of deceased tenant while remaining legal heirs were not made party---Case was remanded with direction that landlady should implead all legal heirs and, thereafter, Rent Controller would proceed in the matter according to law. Mst. Aliya Masood v. Mrs. Mussarat Musa ver and others PLD 1993 Kar. 676; Fazal Ahmed v. Ramzan Bibi 1984 CLC 2196 and Fateh Gul v. M. Anwarul Huda and another 1987 CLC 635 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 24---Civil Procedure Code (V of 1908), O.V, R.20---Substituted service without affixing summons on Court's notice board and last known address--Validity---Provisions of O.V, R.20, Civil Procedure Code, 1908 being mandatory failure to comply with such requirements would nullify the whole proceedings---Only prayer made in application was service through publication and application was not even titled under what provision of law same was made---Provisions of O. V, R.20, were not applicable in circumstances. Fateh Gul v M Anwarul Huda and another 1987 CLC 635 distinguished. ORDER The present appeal has been filed against the order, dated 6-11-1997 passed by the Additional Controller of Rent Clifton Cantonment, Karachi in Rent Case No. 157 of 1996 filed by the present respondent/landlady. The brief facts are that the premises being Shop No.4 in House No.296, Gali No.14/15, Punjab Colony, Gizri Road, Karachi was rented out to one late Abu Bakar vide tenancy agreement, dated 7-3-1982. In the first round of litigation the respondent/landlady filed Rent Case No.27 of 1983 before the Rent Controller Clifton Cantonment, Karachi on the grounds of expiry of tenancy agreement and default in payment of rent which was dismissed vide order, dated…
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