| Citation(s) |
|---|
| 2004 SLG 910 2004 SLD 910 2004 SCMR 452 |
Supreme Court of Pakistan
Civil Petitions Nos.365 K and 366 K of 2003, decision dated: 22-12-2003.(On appeal from the judgment dated 25 4 2003 of the High Court of Sindh, Karachi, passed in C.P. Nos.95, 96, 199 and 200 of 2003)
SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
S. Jamil Ahmed, Advocate Supreme Court instructed by Akhlaq Ahmed Siddiqui, Advocate on-Record for Petitioners. Mumtaz Ahmad Sheikh, Advocate Supreme Court for
Respondents Nos. 1 to 4
Civil Petitions Nos.365 K and 366 K of 2003, decision dated: 22-12-2003.(On appeal from the judgment dated 25 4 2003 of the High Court of Sindh, Karachi, passed in C.P. Nos.95, 96, 199 and 200 of 2003)
SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
S. Jamil Ahmed, Advocate Supreme Court instructed by Akhlaq Ahmed Siddiqui, Advocate on-Record for Petitioners. Mumtaz Ahmad Sheikh, Advocate Supreme Court for
Respondents Nos. 1 to 4
NASIR AHMED
VS
Mrs. ZAHEER and 5 others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)----Ss.10(2), 14, 15 & 23 West Pakistan Civil Courts Ordinance (II of 1962), Ss. 10, 14, 15 & 23 Government of Sindh Notification No.VII(3) SOJ/75 dated 14 10 1980 All the Senior Civil Judges in the Province of Sindh were appointed as Rent Controller within their respective jurisdiction by virtue of Notification No.VII (3) SOJ/75 dated 14 10 1980 in exercise of powers under S.4, Sindh Rented Premises Ordinance, 1979 Senior Civil Judges being the Rent Controllers had the jurisdiction to act as Rent Controllers within 'their respective territorial jurisdiction District Judge, under Ss. 14 & 15 of the West Pakistan Civil Courts Ordinance, 1962 could distribute the civil business of the subordinate Courts and thus was empowered to exercise the judicial as well as the administrative authority and was fully vested to withdraw a case from one subordinate Court and entrust the same to another Court for disposal in accordance with law When the High Court posts a West Pakistan Civil Judge to a District under S.10(2) of the Civil Courts Ordinance, 1962 the local limits of the District shall, in the absence of any direction to the contrary, would be deemed to be the local limits of jurisdiction of the District .Judge, under S.23 of the said Ordinance and he would be empowered to entrust the work temporarily of a vacant Civil Court to any other Civil Judge in the manner he deemed fit. (b) Sindh Rented Premises Ordinance (XVII of 1979) S.21 (1 A) & (1 E) (a) [as amended by Sindh Rented Premises (Amendment) Ordinance (XIV of 2001)) Appeal, forum of Forum of appeal has been changed by the Sindh Rented Premises (Amendment) Ordinance, 2001 and the words "High Court" have been substituted by the words "District Judge" having jurisdiction in the area where the premises in relation to which the order is passed is situated ¬District Judge vide S.21 (1 E)(a) of the Sindh Rented Premises Ordinance, 1979 being Appellate Authority is competent to withdraw any application pending with Rent Controller and transfer the same for disposal to any other Rent Controller either on application or on its own motion, after issuance…
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