Mirza MUHAMMAD KAZMI Versus DISTRICT JUDGE

ORDER

1. This Constitutional petition has been filed to challenge the order dated 24th November, 1987 of District Judge West Karachi by which he has transferred the Rent Case No.937 of 1936 from the Court of IIIrd Senior Civil Judge and Rent Controller West Karachi to Vth Senior Civil Judge and Rent Controller West Karachi on the ground that 1IIrd Senior Civil Judge and Rent Controller is on long leave and Rent case is not likely to proceed in near future.

2. I have heard Mr.Mirza Muhammad Kazmi who is present in person. It is argued that under section 4(3) of the Sind Rented Premises Ordinance, 1979 District‑Judge is not competent to transfer the rent case without any authority from the Government. He has referred to the cases reported in 1985 C L C 536 and 1987CLC2516.

3. Mr.Abdul Karim Siddiqui learned counsel for the respondent has argued that notification was issued and learned District Judge is competent to transfer the rent case. He has referred to the case reported in 1987 C L C 1109.

4. District Judge and Deputy Commissioner can transfer rent cases from one Controller to another within the district as provided under section 4(3) of the Sind Rented Premises Ordinance, 1979 subject to the authorisation by the ` Government. Therefore, both the authorities quoted by Mr.Mirza are relevant and there can he no second thought about this provision of the Ordinance.

5. The question only before me is whether any notification has been issued by the Government authorising the District Judges to transfer the cases. On this is a case of Belchand v. Qazi Muhammad Bachal reported in 1987 C L C 1109 where it is specifically stated that such notification under subsection (3) of section 4 of the Ordinance has been issued by the Government on 13‑4‑1980 by which the District Judges have been authorised to transfer the rent cases from one to another Rent Controller within the same jurisdiction. I have no reason to E differ from the above view. In these circumstances I am of the view that District Judge has rightly transferred the case and his order calls for no interference. This Constitution petition is dismissed in limine.

6. However, learned Rent Controller is directed to dispose of rent case as early as possible.

7. M.Y.H./M‑490/K Petition dismissed.