ANWAR VALLIANI Versus ASHIQ ALI

ORDER

Rent Case No. 783/92 was allowed ex parte vide judgment dated 30‑1‑1993. The appellant/tenant obtained the copy of the same on 12‑8‑1993 and filed this appeal on 23‑8‑1993. Apparently, the appeal is barred by time, having being filed after 30 days of the passing of the order of eviction. It is, however, stated by the learned counsel for the appellant that he had not been properly served and was proceeded against ex parte after the substituted service by publication and affixation was held good and that he had no knowledge of ejectment proceedings until he was eventually served on 7‑8‑1993 during execution proceedings and thereafter he immediately applied for the copy of the impugned judgment of learned Rent Controller and preferred this appeal. It is also pointed out by the learned counsel that prior to Rent Case No. 783/92 (out of which this appeal arises) the respondent/landlord had preferred yet another rent application on some other ground, being Rent Case No. 1487/86, which was pending in the Court of VIth Senior Civil Judge, Karachi South, but the respondent/landlord did not make any mention of it in the present rent case and even though the Limitation Act is not applicable to cases under the Sindh Rented Premises Ordinance, 1979 but learned counsel of the appellant has placed reliance on an unreported judgment dated 15th April, 1991 of the Supreme Court in Civil Appeal No. 394‑K of 1990 in which A period of limitation as provided under section 21(1) of Sindh Rented Premises Ordinance, 1979 was condoned where good cause was shown by the appellant. In the circumstances, I admit this appeal subject to any objection on the point of limitation, if raised by the respondent.

3. Notice. In the meantime the operation of the impugned judgment is stayed.

A.A./A‑1472/K Appeal admitted.