518/2013 Const. P. Amir Aslam Shaikh & ohters (Petitioner) V/S COurt of IV th Rent Controller & ohters (Respondent)

Sindh High Court2013

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui

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518/2013 Const. P. Amir Aslam Shaikh & ohters (Petitioner) V/S COurt of IV th Rent Controller & ohters (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui Order Date: 11-JUL-13 the jurisdiction vested in it was not exercised fairly justly and in fact the findings of the learned Rent Controller has completely shut down the plea raised by the petitioners/tenants wherein it is alleged by tenants that in terms of section 18 the default claimed is to be regulated by section 15 of Sindh Rented Premises Ordinance, 1979 and despite the fact that 30 days period was provided under section 18 to tender the rent, the tenants/petitioners can still avail the rights guaranteed to them in terms of proviso to section 15 of Sindh Rented Premises Ordinance, 1979, provided that they have fulfilled the conditions laid down therein. The judgments relied upon by learned counsel for respondent No.3 are not relevant to the present case. They relate to the issue of interlocutory orders regarding which no appeal lies, however, in the instant case issue is totally different wherein the learned Rent Controller has not performed and exercised the jurisdiction, as required.
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