1987 PLP 239 (MLD)
Messrs HYDERI INDUSTRIES Ltd. — Appellant Versus Messrs HASHWANI SALES AND SERVICES Ltd. — Respondent
| Citation | 1987 PLP 239 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Abdul Razzak A. Thahim, J |
| Parties | Messrs HYDERI INDUSTRIES Ltd. — Appellant Versus Messrs HASHWANI SALES AND SERVICES Ltd. — Respondent |
| Primary Law | Sind Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 1987 PLP 239 (MLD)?
This judgment primarily cites: Sind Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 239 (MLD)?
The case was heard and decided by the Karachi bench comprising: Abdul Razzak A. Thahim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 239 (MLD) (Messrs HYDERI INDUSTRIES Ltd. — Appellant Versus Messrs HASHWANI SALES AND SERVICES Ltd. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mumtaz Ahmad for Appellant.
- Abdul Monem Khan for Respondent.
Headnotes / Summary
S.21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(5-B)--High Court, treating application filed under S.13(5-B), Ordinance VI of 1959 to be a proper rent application in spite of having been listed as miscellaneous application remanded case to Rent Controller to decide matter afresh on merits after giving parties opportunity to lead evidence.
Judgment & Decree
Sind Rented Premises Ordinance (XVII of 1979)
S.21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(5-B)--High Court, treating application filed under S.13(5-B), Ordinance VI of 1959 to be a proper rent application in spite of having been listed as miscellaneous application remanded case to Rent Controller to decide matter afresh on merits after giving parties opportunity to lead evidence. Mumtaz Ahmad for Appellant. Abdul Monem Khan for Respondent. By consent this appeal is admitted and finally heard. The main grievance of learned counsel for the appellant is that his application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 has not been considered by the Rent Controller; On the other hand, the learned counsel for the respondent states that regular enquiry is required in the application which has not been done. I have gone through the order of the Rent Controller. It is stated in his order, that landlord is willing to let the area of 2,000 square feet but he is not willing to accept, therefore, the tenant may file proper case is he chooses so. The appellant has filed an application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 according to him, this is a proper rent application. The only misunderstanding is that appellant has mentioned it as Miscellaneous Application in the execution case No.15 of 1984. I order that this application be treated as rent application under the law and both the parties be given opportunity to lead the evidence and Rent Controller should decide it on merits. The first Rent Appeal is disposed of with no order as to cost. H.B.T./H-7/K Order accordingly.