1986 PLP 1674 (SCMR)
MUHAMMAD ALI MUTLAQ — Petitioner Versus Mst. ANWAR FATIMA and 5 others — Respondents
| Citation | 1986 PLP 1674 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and S.A. Nusrat, |
| Parties | MUHAMMAD ALI MUTLAQ — Petitioner Versus Mst. ANWAR FATIMA and 5 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 1674 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1674 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and S.A. Nusrat,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1674 (SCMR) (MUHAMMAD ALI MUTLAQ — Petitioner Versus Mst. ANWAR FATIMA and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhtar Mahmood, Advocate-on-Record for Petitioner.
- Date of hearing: 23rd April, 1986.
- Akhtar Mahmood, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of Sind High Court, Karachi, dated 1-12-1985 in F.R.A. No. 278 of 1985). ,
Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), Ss.16(2) 21--Conflict of decisions existing on question of law whether order of Rent Controller dismissing an application of landlord for striking off defence of tenant under 5.1612) of Sind Rented Premises Ordinance was an interim order and as such whether any appeal against it lay under S.21 of Ordinance--An authoritative decision of Supreme Court required on said question which was likely to govern large number of cases--Leave to appeal granted. 1986 C L C 43 ref. Respondent No. 2 in person.
Judgment & Decree
1986 C L C 43 ref. Akhtar Mahmood, Advocate‑on‑Record for Petitioner. Respondent No. 2 in person. Date of hearing: 23rd April, 1986. ABDUL KADIR SHAIKH, J.‑‑There seems to be conflict of .decisions on the question of law whether order of the Rent Controller dismissing an application of the landlord for striking out the defence of the defendant under section 16(2) of the Sind Rented Premises Ordinance is an interim order and as such any appeal against it lies under section 21 of the Ordinance. By the judgment, dated 1‑12‑1985 from which leave to appeal is sought in this petition learned Judge in the Sind High Court following earlier decision reported as 1986 C L C 43 held that the order of the nature above is not appeal able. It is, therefore, necessary that an authoritive decision of this Court on the aforesaid question of law be rendered as it is likely to govern large number of cases. Leave is granted. Security Rs.1,
000. Appeal arising out' of this petition will be heard on the present record but it is open to the parties to file additional documents, if any. M. Y. H. Leave granted.