MUHAMMAD SULAIMAN vs AZIZUDDIN AND ANOTHER — 1968 PLD 589

Citation: 1968 PLD 589

Court: Sindh High Court

Year: 1970

Decision Date: 1970-04-13

Parties: MUHAMMAD SULAIMAN vs AZIZUDDIN AND ANOTHER

Headnotes

Case cited as PLD 1968 Kar. 589

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: MUHAMMAD SULAIMAN vs AZIZUDDIN AND ANOTHER Case No.: First Appeal No, 17 of 1966 Date of Judgment:1970-04-13 Reported As: PLD 1971 Karachi 1 Result: Appeal rejected JUDGMENT JUDGMENT First Appeal No, 17 of 1966 and First Appeal No, 5 of 1967 will be disposed of by this judgment. 2. Both of these are first appeals from orders made by the Rent Controllers refusing to implead the appellants as parties to the proceedings which were pending before them for the ejectment of the tenants. In First Appeal No, 17 of 1966 Muhamma i Sulaiman had applied to be impleaded as a respondent on the allegation that he was in possession of the premises. Azizuddin wanted to eject Mohammad Yamin from the same premises, therefore, Sulaiman was interested in the result of the proceedings. His case additionally was that he was in possession of the premises on his own account. His application was dismissed by the Rent Controller on the 19th of July 1966; therefore, he preferred a first appeal to the Addl. District Judge which was held to be not maintainable vide the order dated the 16th of March 1966. The finding was that an order refusing to allow an applicant to become a party to a proceeding is not appealable under subsection (1) of section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959. Muhammad Sulaiman has, therefore, filed First Appeal No, 17 of 1966 on the 19th of March 1966, that is to say, after eight months…

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