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Petitioner: ISMAIL VS Respondent: GUL INAYAT SHAH
1988 S C M R 1421
1988 S C M R 1421
Present: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ
ISMAIL‑‑Petitioner
versus
Subedar GUL INAYAT SHAH‑‑Respondent
Civil Petition for Leave to Appeal No.307‑K of 1986, decided on 29th March, 1987.
Civil Procedure Code (V of 1908)‑‑
‑‑‑S.12(2)‑‑Sind Rented Premises Ordinance (XVII of 1979)‑‑Ejectment proceedings‑‑Decree obtained by fraud, misrepresentation etc. ‑‑Remedy for‑‑Leave to appeal granted to consider inter alia whether provisions of S.12(2) of C.P.C., were applicable to cases decided under the Sind Rented Premises Ordinance, 1979.
Khalid M. Ishaq, Senior Advocate Supreme Court and Mrs. Majida Rizvi, Advocate‑on‑Record for Petitioner.
Faizanul Haq, Advocate‑on‑Record for Respondent.
Date of hearing: 29th March, 1987.
ORDER
ABDUL KADIR SHAIKH, J.‑‑The question of law that, inter alia deserves consideration is whether the provisions of section 12(2) of the Code of Civil Procedure are applicable to cases decided under the‑Sind Rented Premises Ordinance, 1979.
Leave is granted. Security Rs.1,000.
Appeal will be heard on the present record at an early date but it is open to the parties to file additional documents, if any.
Petitioner shall not be evicted from the demised premises till the appeal is decided, provided he continues to deposit rent in Court.
M. I./I‑34/S Leave granted