Messrs BROTHERS WEAVING FACTORY and another vs Messrs HABIB SILK
This matter concerns a petition for leave to appeal regarding the nature of an order passed by a Rent Controller under the Sind Rented Premises Ordinance, 1979. The core legal question presented to the Supreme Court is whether an order issued under Section 16(1) of the Sind Rented Premises Ordinance, 1979, constitutes a final order or an interim order. This inquiry necessitates a comparative analysis of the legislative language used in Section 16(1) of the 1979 Ordinance against the provisions of Section 13(6) and (8) of the repealed West Pakistan Urban Rent Restrictions Ordinance, 1959. Recognizing that this issue involves a substantial question of law with significant implications for numerous pending cases, the Court granted leave to appeal to provide an authoritative interpretation. The Court declined to grant interim relief against eviction, noting the petitioners' failure to comply with a previous conditional order requiring the deposit of rent. The Court further clarified that its refusal of interim relief did not preclude the High Court from exercising its discretion to grant appropriate relief in the interest of justice.
- Is an order passed by a Rent Controller under Section 16(1) of the Sind Rented Premises Ordinance, 1979, considered a final order or an interim order?
- Does the language of Section 16(1) of the Sind Rented Premises Ordinance, 1979, differ in legal effect from Section 13(6) and (8) of the West Pakistan Urban Rent Restrictions Ordinance, 1959?
- Section 16(1), Sind Rented Premises Ordinance 1979
- Section 13(6), West Pakistan Urban Rent Restrictions Ordinance 1959
- Section 13(8), West Pakistan Urban Rent Restrictions Ordinance 1959
ORDER
1. ABDUL KAM SHAIKH, J.-- The question for consideration, inter ails, is whether an order made by a Rent Controller under section 16(1) of the Sind Rented Premises Ordinance, 1979 is a final order or an interim order. In this behalf, reference is invited to the difference in the language of section 13(6) and (8) of the West Pakistan Urban Rent Restrictions Ordinance, 1959 which is an earlier legislation on the same subject.
2. ' This being a substantial question of law which is likely to affect large number of cases deserves an authoritative decision of this Court. Leave to appeal is granted and the petitions are allowed.
3. Security Rs, 2,500, ' Appeals will be heard on the present record at an early date. It is open to the parties to file additional documents if any.
4. ' We would like to hear learned Advocate-General, Sind Mr. Abdul Hafeez Memon and Mr. Liaquat Merchant Advocate as Amicus Curiae. Notice to issue to them.
5. ' Learned counsel for the petitioners requests that the petitioners may not be evicted from the demised premises till the appeals are decided. 'The request is refused for the reason that petitioners failed to comply with the earlier order of this Court, dated 7-4-1983 by which interim relief was granted to them on the condition that they should deposit rent in Court by 17-4-1983 in terms of the order of the Rent Controller, dated 16-2-1983.
6. ' The aforesaid earlier order of this Court need not prevent the High Court from granting such interim relief to the petitioners as may be due to them in the interest of justice in the cases between the parties pending in the High Court.