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Initializing Secure Chambers
Petitioner: MUHAMMAD ALI MUTLAQ VS Respondent: Mst. ANWAR FATIMA And 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadir Sheikh, S. A. Nusrat Title: MUHAMMAD ALI MUTLAQ vs Mst. ANWAR FATIMA And 5 Other Case No.: Civil Petition for Leave to Appeal No. 71-K of 1986 F.R.A. No. 278 of 1985 Date of Judgment:1986-04-22 Reported As: 1986 SCMR 1674 Result: Leave granted
Judgment ORDER ABDUL KADIR SHAIKH, J.--There seems to be conflict of .Decisions on the question of law whether order of the Rent Controller dismissing an application of the landlord for striking out the defence of the defendant under section 16(2) of the Sind Rented Premises Ordinance is an interim order and as such any appeal against it lies under section 21 of the Ordinance. By the judgment, dated 1-12- 1985 from which leave to appeal is sought in this petition learned Judge in the Sind High Court following earlier decision reported as 1986 CLC 43 held that the order of the nature above is not appeal able. It is, therefore, necessary that an authoritive decision of this Court on the aforesaid question of law be rendered as it is likely to govern large number of cases. Leave is granted. Security Rs.1,000. Appeal arising out' of this petition will be heard on the present record but it is open to the parties to file additional documents, if any.