ABDUL SHAKOOR Versus Syed WAHID HUSSAIN

Civil Petition for Special Leave to Appeal No, K-246 of 1983, decided on 23rd August, 1983.

Authored by Shafiur Rahman. Result: Leave granted.

Summary

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by a tenant against whom an ex parte decree of ejectment was passed, along with the refusal of the lower forums to set it aside. The core legal questions involve examining whether a note recorded by a Reader, rather than the Presiding Officer, regarding the service of notice is sufficient to authorize proceeding ex parte on a subsequent date without notice to the tenant, and whether the practice of recording orders or diaries by the Reader in rent cases accords with applicable law and practice. The Court granted leave to appeal to examine these questions, requiring the record of the proceedings before the Rent Controller to be made available at the hearing, while directing that the ejectment order not be executed in the meanwhile upon furnishing security.

Questions settled in this judgment

Whether a note recorded by the Reader and not the Presiding Officer is sufficient to effectuate service of notice on a tenant to proceed ex parte?
Whether the practice of recording orders and diaries by the Reader in rent cases is in accordance with the law and practice applicable to the proceedings?

leave to appealex parte ejectmentservice of noticerent proceedingstenant evictionpowers of Reader

ORDER

SHAFIUR RAHMAN, J.-Leave to appeal is granted to the tenant against whom an ex parte decree of ejectment was passed and there was refusal to set it aside, to examine the following questions of law :-

(1)Whether a note dated 21-3-1981 recorded by the Reader and not th Presiding Officer was sufficient to effectuate the fact of service of notice on the tenant so as to authorize the Presiding Officer on a subsequent date 4-4-1981 of which the tenant had no notice, to proceed against the tenant ex parte.

(2)Whether the practice of recording orders/diaries by the Reader in rent cases is in accordance with the law and practice applicable to the proceedings. Security in the sum of Rs, 2,500. The ejectment order not to be executed in the meanwhile.

At the hearing the record of the proceedings before the Rent Controller be made available.