1994 PLP 2153 (CLC)
ANWER VALLIANI‑‑‑Appellant Versus ASHIQ ALI ‑‑‑Respondent
| Citation | 1994 PLP 2153 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Salahuddin Mirza, .J |
| Parties | ANWER VALLIANI‑‑‑Appellant Versus ASHIQ ALI ‑‑‑Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XV11 of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 2153 (CLC)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XV11 of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2153 (CLC)?
The case was heard and decided by the Karachi bench comprising: Salahuddin Mirza, .J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 2153 (CLC) (ANWER VALLIANI‑‑‑Appellant Versus ASHIQ ALI ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Feroze Ali K. Allana for Appellant.
- Date of hearing: 19th September, 1993,
Headnotes / Summary
‑‑‑‑S. 21‑‑‑Ejectment‑‑‑Appeal‑‑‑Ejectment order was passed ex parte on 30‑1‑1993‑‑‑Tenant obtained copy of the order on 12‑8‑1993 and filed appeal on 23‑8‑1993‑‑‑Appeal was although filed beyond period of limitation prescribed for the same yet tenant had explained that he was not properly served and was proceeded against ex parte after substituted service by publication and affixation, of which he had no knowledge‑‑‑Tenant's appeal was admitted subject to any objection on the point of limitation, if raised, by the landlord.
Judgment & Decree
First Rent Appeal No. 370 of 1993, decided on 19th September, 1993. ‑‑‑‑S. 21‑‑‑Ejectment‑‑‑Appeal‑‑‑Ejectment order was passed ex parte on 30‑1‑1993‑‑‑Tenant obtained copy of the order on 12‑8‑1993 and filed appeal on 23‑8‑1993‑‑‑Appeal was although filed beyond period of limitation prescribed for the same yet tenant had explained that he was not properly served and was proceeded against ex parte after substituted service by publication and affixation, of which he had no knowledge‑‑‑Tenant's appeal was admitted subject to any objection on the point of limitation, if raised, by the landlord. Feroze Ali K. Allana for Appellant. Date of hearing: 19th September, 1993, Rent Case No. 783/92 was allowed ex parte vide judgment dated 30‑1‑1993. The appellant/tenant obtained the copy of the same on 12‑8‑1993 and filed this appeal on 23‑8‑1993. Apparently, the appeal is barred by time, having being filed after 30 days of the passing of the order of eviction. It is, however, stated by the learned counsel for the appellant that he had not been properly served and was proceeded against ex parte after the substituted service by publication and affixation was held good and that he had no knowledge of ejectment proceedings until he was eventually served on 7‑8‑1993 during execution proceedings and thereafter he immediately applied for the copy of the impugned judgment of learned Rent Controller and preferred this appeal. It is also pointed out by the learned counsel that prior to Rent Case No. 783/92 (out of which this appeal arises) the respondent/landlord had preferred yet another rent application on some other ground, being Rent Case No. 1487/86, which was pending in the Court of VIth Senior Civil Judge, Karachi South, but the respondent/landlord did not make any mention of it in the present rent case and even though the Limitation Act is not applicable to cases under the Sindh Rented Premises Ordinance, 1979 but learned counsel of the appellant has placed reliance on an unreported judgment dated 15th April, 1991 of the Supreme Court in Civil Appeal No. 394‑K of 1990 in which A period of limitation as provided under section 21(1) of Sindh Rented Premises Ordinance, 1979 was condoned where good cause was shown by the appellant. In the circumstances, I admit this appeal subject to any objection on the point of limitation, if raised by the respondent.
3. Notice. In the meantime the operation of the impugned judgment is stayed. A.A./A‑1472/K Appeal admitted.