2011 PLP 371 (MLD)

ZAHID HAMID, J.

Respondent No.2 served per report dated 15-12-2009 of the learned VIIIth Civil Judge Karachi (South) on record. Respondent No.1 also served. None for respondents Nos.1 to

3. Learned counsel for the applicant states that objections in the nature of application under Order VII Rule 11, C.P.C. were preferred before the learned VIIIth Rent Controller Karachi (South) in Rent Case No.244 of 2003 for dismissal of the ejectment proceedings on the ground that the premises which had been let out to the petitioner vested in the Federal Government by virtue of section 6 of the Evacuee Trust Property (Management and Disposal) Act, 1975. Leaned counsel has further referred to section 14 of the same Act containing bar against to exercise of jurisdiction by a civil court in respect of any matter which is to be determined under the said Act. The learned counsel for the petitioner has also invited the attention of this court to section 25 of the said Act. Wherein it is provided that exclusive jurisdiction is vested with the Chairman, an Administrator, a Deputy Administrator or an Assistant Administrator to eject any person in unauthorised possession or occupation of any evacuee trust property. The learned counsel states that the premises in question belong to Evacuee Trust Property Board and vest in the Federal Government consequently the learned Rent Controller had no jurisdiction to proceed with the matter on merits and this being a condition precedent to the exercise of jurisdiction the same ought to have been decided in any case in the first place. Learned counsel for the applicant has lastly referred to section 3 of Sindh Rented Premises Ordinance according to which the said Ordinance does not apply to the premises which is owned by the Federal Government. The above provision appear to clearly oust the jurisdiction of the learned Rent Controller. The impugned order dated 21-10-2005 is set aside under, the circumstances and the matter is remanded to the learned Rent Controller to decide the objections raised by the petitioner Allied Bank Limited after notice and hearing the parties by a speaking order. The learned Rent Controller is directed to take up the matter on20th November, 2010 for fresh decision after affording opportunity of hearing to all including the respondent No.3 whose interest is at stake. Learned counsel for the respondent No.3 i.e. Secretary Evacuee Trust Property Board, Government of Pakistan has conceded to the above order. Office is directed to consign the R&P and the copy of this order to the learned Rent Controller immediately. H.B.T./A-128/K????????????????????????????????????????????????????????????????????????????????? Case remanded.