Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 3(2) & 2(h)---Government of Sindh Notification No.VIII(3)SOJ/75, dated 15-3-1981---Interpretation of S.3(2), Sindh Rented Premises Ordinance, 1979 and the scope of expression "premises" as defined in S.2(h) of the Ordinance---Object of law behind the enactment of S.3 of the Ordinance and the notification issued thereunder was to exclude properties owned by or belonging to the Federal Government or the Provincial Government from the operation of the provisions of Sindh Rented Premises Ordinance, 1979---In present case a building had been constructed by a third party and it had been let out to a private person and was neither requisitioned by the Federal Government nor by the Provincial Government---Exemption from operation in favour of such premises, would not arise under any circumstance---Principles. B.S. Khan v. Pakistan State Oil Company Ltd. 1989 SCMR 75 and Director of Schools v. Zaheeruddin 1996 SCMR 1767 distinguished. Azmatullah Ltd. v. S.N.K. Trading Company Ltd. 1989 CLC 877 and Khaliq Raza Khan v. Pakistan State Oil Ltd. 1998 SCMR 2092 ref. A. Aziz Khan, Advocate-on-Record/Advocate Supreme Court and Abdul Qadir, Advocate Supreme Court for Petitioner. Farogh Nasim, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Respondent No.1. Nemo. for Respondents Nos.2 and 3. Date of hearing: 20th October, 2005. JUDGMENT RANA BHAGWANDAS, J.--- Question of law raised in this petition for leave to appeal is whether Sindh High Court judgment, dated 17-2-2005 allowing respondent No.1's writ petition against the judgment of the Appellate Authority in proceedings under Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance, 1979) can be sustained at law? 2. Fate of the issues raised in this petition revolves around the interpretation of section 3(2) of the Ordinance, 1979 and the scope of expression "premises" as defined in section 2(h) of the Ordinance, 1979. Facts leading to the controversy between the parties appear to be that Plots Nos.10 and 11 "C" Group, Warehouse Area opposite Moulvi Tameezuddin Khan Road, Karachi, belonging to Karachi Port Trust were leased out to…

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