Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 8

(a) Jurisdiction-------Special Tribunal/Court constituted to hear and decide disputes under relevant statute---Effect---All other Courts would stand debarred from exercising powers of such nature. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R.18(2) & O.XL, R.1---Sindh Rented Premises Ordinance (XVII of 1979), S.8---Partition suit---Appointment of Receiver/Official Assignee to take over possession of property from tenant---Tenant claiming to be paying Rs.4,500 as monthly rent---Plaintiffs' plea that market rent of property was more than Rs.50,000---Order of Court allowing tenant to file his objection subject to deposit of tentative rent of Rs.35,000---Validity---Where special Tribunal/Court was constituted to hear and decide disputes under relevant statute, then all other Courts would stand debarred from exercising powers of such nature---Plaintiffs had not approached Rent Controller for fixation of fair rent of suit property---Neither Official Assignee had power to make a reference to Court for fixation of fair rent nor Court could exercise such a power---High Court in appeal set aside impugned order leaving plaintiffs/landlords to approach Rent Controller for fixation of rent of suit property. Irshad Rehman for Appellant. Mansoor A. Sheikh for Respondents Nos. 1 to 20. ORDER Respondents Nos.21 to 25 stand served with the notices as per endorsement of the bailiff of the Court, dated 15-8-2008. They have preferred to remain absent. Heard learned counsel for the parties. The admitted fact in between the parties is to the effect that deceased Ch. Noor-ul-Hassan was the owner of the property in dispute in suit/appeal and on his death his legal heirs filed Suit bearing No.696 of 2007 on the original side of this Court with prayer of partition of property. During the course of the same, learned Single Judge of this Court was pleased to direct for appointment of Receiver over the property involved in the suit and "in pursuance of such an order the Official Assignee took over the possession of the same". The present appellant claims himself to be the tenant in the disputed property and such relationship is admitted by the legal heirs of the said deceased…

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