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Petitioner: ALIMA AHMAD VS Respondent: AMIR ALI
1983 SCMR724
1983 SCMR724
Present : Abdul Qadir Shaikh, S. A. Nusrat and Zaffar Hussain Mirza, JJ
MRS. ALIMA AHMAD‑Appellant
versus
AMIR ALI‑Respondent
Civil Appeal No. K‑83 of 1981, decided on 28th March, 1982.
Supreme Court Rules, 1980‑
‑‑O. XI‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(i)‑Terms of tenancy agreement between landlord and tenant‑Whether continue to remain in force in spite of termination of agreement‑Conflict of views of Supreme Court on question‑Larger Bench‑Authoritative pronouncement by‑Special Leave to Appeal granted. to resolve conflict of views between two Benches of Supreme Court‑One view given by Bench of four Judges‑Bench of three Judges hearing appeal‑Held, authoritative pronouncement by larger Bench desired.
Muhammad Yousuf v. Abdullah P L D 1980 S C 298 and Alif Din v. Khadim Hussain 1980 S C M R 767 ref.
Akhtar Mahmud. Advocate‑ un‑Record for Appellant.
Shafiq Ahmed, Advocate‑on‑Record for Respondent,
Date of hearing : 28th March, 1982,
ORDER
ABDUL QADIR SHAIKH, J.‑Special Leave to Appeal was granted in this case in order to resolve the conflict of view between the Benches of this Court in "Muhammad Yousuf v. Abdullah (P L D 1980 S C 298) and "Alif Din v. Khadim) Hussain (1980 S C M R 767) on the question whether all the terms of tenancy agreement bet ween a landlord and tenant continue to remain in force in spite of termina tion of that agreement by efflux of time.
Learned counsel for the parties rightly point out that since the decision of this Court in "Muhammad Yusuf v. Abduliah" was given by the Bench consisting of four Judges, it is only appropriate that the authoritative pro nouncement should be rendered by a larger Bench.
The hearing of this case is, therefore, adjourned so that it may be heard by a larger Bench.
The file of the case shall be placed before the Hon'ble Chief Justice for such orders as he may deem fit and proper.
Order accordingly.