2002 PLP 1492 (YLR)

Date of hearing: 22nd April, 2002. The present transfer application has been filed with a prayer to transfer First Rent Appeal No.230 of 2001 pending in the Court of 1st. Additional District Judge, Karachi South to the Court of any other Additional District Judge. At the outset Mr. Safdar Hussain Fani, learned counsel for the respondent submitted that the present application was not maintainable as according to him such an application was to be made to the learned District Judge, who is the Appellate Authority. It was further contended by him that subsection (1‑B) of section 21 of the Sindh Rented Premises Ordinance, 1979, empowers the District Judge to recall an appeal referred to an Additional District Judge and either hear it himself or refer it for disposal of another Additional District Judge. On the other hand Mr. Sohail Muzaffar; learned counsel for the applicant, while referring to subsection (1‑E) (b) of the above said section submitted that High Court has the power to withdraw any appeal pending in the District Court and transfer the same to any other competent Court. Mr. Sohail Muzaffar further added that he had made a similar application for transfer before the learned District Judge Karachi South, but such application was returned to him by the office on the ground that the District Judge had no jurisdiction. He, however, failed to produce any such order or a copy of the transfer application stated to have been filed before the District Judge. Subsection (1‑B) of the above section is very clear on the point, which may be reproduced below:‑‑‑ "(1‑B) The District Judge may recall an appeal referred to an Additional District Judge and either hear it himself or refer it for disposal to another Additional District Judge." From the perusal of the above, it is very much clear that the District Judge can recall an appeal referred to an Additional District Judge and either hear it himself or refer it for disposal to another Additional District Judge: Mr. Sohail Muzaffar, learned counsel for the applicant wanted the appeal‑to be decided by any other Additional District Judge in the District. Admittedly, the above FRA was referred to the Court of learned 1st Additional District Judge, Karachi (South), by the District Judge of the District hence such District Judge was competent to recall such an appeal and either hear it himself or refer it for disposal to another Additional District Judge. In view of the above, this application is dismissed as not maintainable. The applicant may file such an application before the Court of learned District Judge. On being pointed out by Mr. Fani that the applicant wants to prolong the matter as the rent case was filed as far back as 1991, it is directed that in the event of filing of similar application the learned District Judge shall decide the same expeditiously and the learned Court seized of the above appeal shall decide the appeal within a period of two months. S.A.K./Z‑30/K Case remanded.