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Petitioner: ABDUL KHALIQ VS Respondent: NASIR JAWAID and others
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Abdul Qadir Sheikh Title: ABDUL KHALIQ vs NASIR JAWAID and others Case No.: Civil Petition for Leave to Appeal No, 214-K of 1988 Date of Judgment:1988-09-21 Reported As: 1989 SCMR 480 Result: Leave granted
JUDGMENT
JUDGMENT ' SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against the judgment of the High Court of Sind, Karachi dated 17-1-1988 whereby while dismissing his appeal as incompetent being time- barred, the learned Judge allowed him six months for vacating the premises. We had issued notice to the respondents as there was a decision of this Court in Fazal Karim v. Ghulam Jilani and others (1975 SCM R 452) which could be availed of by the petitioner in the matter of limitation. On merits, we feel that though the petitioner claimed to be tenant, he was not impleaded as a tenant nor proceeded against before the Rent Controller and the ejectment order was passed against someone else. He had come up in appeal against that order but without treating him to be a tenant he has been asked to vacate the premises precluding him thereby from raising any objection such as he could raise under section 22 of the Sind Rent Restriction Ordinance. ' Special efforts were made to get the respondents served. The petitioner had personally taken the responsibility of getting them served. There are notices on record showing that service has taken place but we are not at the moment in a position to take it for certain and therefore of converting the petition into appeal and disposing it of. ' Therefore, we grant leave to appeal. Security shall be Rs,2,500. Status quo with regard to possession subject to notice.