MUHAMMAD HANIF vs HASSAN MOHIUDDIN
This is a petition for leave to appeal directed against the judgment of the Sind High Court dated 24-2-1985, whereby the High Court allowed the respondent's appeal and remanded the rent matter to the Rent Controller to frame a preliminary issue regarding the relationship of landlord and tenant, afford parties an opportunity to lead evidence, and decide the issue afresh. The core legal question before the Supreme Court was whether the High Court was justified in remanding the case when the Rent Controller had already determined the issue of the relationship of landlord and tenant on the basis of evidence produced by the parties prior to passing an order for the deposit of rent. The Supreme Court held that the contentions raised by the petitioner's counsel required consideration. Consequently, the Supreme Court granted leave to appeal, allowed the petition, directed that the appeal be heard on the existing record, and ordered that the proceedings before the Rent Controller remain in abeyance pending the final decision of the appeal.
- Whether the High Court is justified in remanding a rent case for a fresh decision on the relationship of landlord and tenant when the Rent Controller has already decided the issue upon evidence?
- Under what circumstances can an appellate court remand a matter to the Rent Controller for framing a preliminary issue?
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 24-2-1985 allowing respondent's appeal and in result remanding the case between the parties to the Rent Controller with the direction "to frame a preliminary issue on the question of relationship (of landlord and tenant) and to provide opportunity to the parties to lead evidence and to decide the same."
2. Mr. Maroof Ali Khan learned counsel for the petitioner referred to the order of the learned Rent Controller dated 16-5-1982 in support of the submission that the learned Judge has remanded the case "in futility when the Controller before passing an order for deposit of rent had in fact decided the issue of relationship of landlord and tenant on the basis of evidence led by the parties and the respondent did produce his best evidence."
3. The plea raised by the learned counsel deserves consideration.
4. We therefore, grant leave to appeal and allow the petition. Security Rs.1,000.
5. Appeal will be heard on the present record in August September 1985. It is however open to the parties to file any additional documents.
6. The proceedings before the Rent Controller shall be held in abeyance till the appeal is decided. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.