BEGUM LAILA SARFARAZ Versus NOOR MUHAMMAD

ORDER

S.A.NUSRAT, J.- -The petitioner applied for ejectment of the respondent from residential flat No.1, situated on the ground floor of the building on the ground of reconstruction. It was alleged by the respondent in his written statement that lady Nusrat Haroon, the mother and guardian of the petitioner, had allowed him to use the premises as a shop. The dispute as to whether the rented premises was a house or shop was decided against the respondent and the ejectment application was allowed as per order dated 4-9-1986 by the Rent Controller with the direction that the petitioner will start the work of reconstruction in accordance with law and a residential flat on the first floor of the building will be provided to the respondent. This order was challenged by the respondent in appeal before the Sind High Court which was dismissed as per impugned judgment with the modification that the "respondent shall be provided with a shop on the ground floor as well, in addition to the residential flat on the first floor".

2. It was contended by the learned counsel for the petitioner that the Rent Controller and the High Court had no power to simultaneously pass an order envisaged under section 15 (3) of the Sind Rented Premises Ordinance, 1979 while passing the order of ejectment. It was further contended that the direction that the respondent was also entitled to a shop was against the finding of fact recorded by the Rent Controller; which was to the effect that the respondent had failed to prove that he was allowed to use the house as a shop as well by the petitioner's mother and that the respondent was carrying on business on a projected portion on the municipal land.

The above contentions require examination. Leave to appeal is accordingly granted. Security Rs.1,000.

M.I./L-19/S Leave granted.