M. F. RAHMAN vs Mst. MARYAM A. HASHIM — 1968 PLD 391

Citation: 1968 PLD 391

Court: Sindh High Court

Year: 1970

Decision Date: 1970-05-25

Parties: M. F. RAHMAN vs Mst. MARYAM A. HASHIM

Headnotes

Case cited as PLD 1968 Kar. 391

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title: M. F. RAHMAN vs Mst. MARYAM A. HASHIM Case No.: Second Appeal No, 178 of 1968 Date of Judgment:1970-05-25 Reported As: PLD 1971 Karachi 84 Result: Appeal dismissed JUDGMENT JUDGMENT This appeal raises the question of the effect of the West Pakistan Urban Rent Restriction (Second Amendment) Amending Ordinance, 1966 (Ord. XXII of 1966) on proceedings which were instituted under the Karachi Rent Restriction Act, 1953 but stood transferred to the Controller appointed under the West Pakistan Urban Rent Restriction Ordinance, 1959. In brief the facts are these : 2. The appellant is in occupation, according to him as tenant, of the premises bearing No, 103/3-85, Mirza Kaleej Beg Road, Karachi. On 23-1-1963, the respondent the landlord of these pre-mises, applied for the appellant's eviction under the Karachi Rent Restriction Act, 1953 (as amended by Karachi Rent Restriction (Amendment) Ordinance No, 48 of 1962) before Mr. Naseer Ahmad, who then held the charge of the office of the Controller under the said Act and was also the Additional Civil Judge at Karachi. But on the application of the West Pakistan Urban Rent Restriction Ordinance, 1959, to the territory of Karachi, by reason of the provisions of the West Pakistan Urban Rent Restriction (Second Amendment) Ordinance (38 of 1962), the respondent's application stood transferred to the Controller under the West Pakistan Urban Rent Restriction Ordinance, 1959. On 1-…

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