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Petitioner: MANZOOR AHMAD VS Respondent: ABBAS ALI & BROSHonorable Justice Abdul Razzak A. ThahimB.M. Bangash,Masood Shahryar
1990 C L C 1310
1990 C L C 1310
[Karachi]
Before Abdul Razzak A. Thahim, J
MANZOOR AHMAD) and others‑‑‑Appellants
versus
Messrs ABBAS ALI & bros, ‑‑‑Respondents
First Rent Appeal No. 96 of 1986, decided 30th September, 1989.
Sindh Rented Premises Ordinance (XVII of 1979)‑‑‑
‑‑‑‑S. 21‑‑‑Appeal against ex parte order of Rent Controller‑‑‑Counsel of parties consent submitted that case be remanded to Rent Controller with direction to Y decide the same on merits‑‑‑High Court without going into merits of case, thus set aside order of Rent Controller directing him to allow parties to adduce evidence and to decide case on merits according to law.
B.M. Bangash for Appellants.
Masood Shahryar for Respondents.
Date of hearing: 3rd September, 1989.
JUDGMENT
This First Rent Appeal has been filed against the order dated 27‑2‑1986 of Ist Senior Civil Judge and Rent Controller, Karachi (South).
2. The facts are that rent case was decided as an ex pane against the appellant due to non‑appearance. The execution proceedings started and appellant filed an application for setting aside the ex parte order and this request was declined by the Rent Controller by an order dated 27‑2‑1986, to which this First Rent Appeal has been filed.
3. Mr. B.M. Bangash for the appellant and Mr. Masood Shaharyar he respondent, submitted that by consent this case be remanded appearing for the respondent, and Rent Controller be directed to decide the case on merits. Without going into merits of the case with the consent of both the counsel, the order of the Rent the me Controller, by which he refused to set aside the ex parte order, is set aside and case is remanded back to the Rent Controller. The Rent Controller is directed to allow the parties to adduce the evidence and decide the case on merits and l according to law.
A.A./M‑1083/K Case remanded.