Haji ALI MUHAMMAD vs MOHAN LAL
This matter concerns a petition for leave to appeal against a judgment of the Sind High Court, which set aside an eviction order granted by a Rent Controller. The petitioner had sought to evict the respondent from demised premises on the grounds of bona fide personal use. The Rent Controller initially ruled in favor of the petitioner; however, the High Court overturned this decision, determining that the premises in question constituted a hotel, thereby rendering the provisions of the Sind Rented Premises Ordinance, 1979 inapplicable to the eviction proceedings. The core legal question presented to the Supreme Court involves whether eviction proceedings initiated under the Sind Urban Rent Restriction Ordinance, 1959, can validly continue following the repeal of that Ordinance by the Sind Rented Premises Ordinance, 1979, specifically regarding hotel premises. Recognizing that this legal issue affects a significant number of cases, the Supreme Court granted leave to appeal and directed that the matter be heard by a larger Bench of four judges to provide an authoritative interpretation of the law.
- Can eviction proceedings initiated under the Sind Urban Rent Restriction Ordinance, 1959 continue after its repeal by the Sind Rented Premises Ordinance, 1979?
- Does the Sind Rented Premises Ordinance, 1979 apply to premises classified as a hotel?
- Sind Rented Premises Ordinance, 1979
- Sind Urban Rent Restriction Ordinance, 1959
ORDER
1. ABDUL KADIR SHAIKH, J.-- Facts of this case briefly stated are that by a lease-deed, dated 1-3-1976 petitioner let out the demised premises to respondent for three years on monthly rent of Rs.1,375.
2. On 21-4-1979 petitioner applied for respondent's eviction on the ground that he required the premises for his bona fide use. The Rent Controller upheld this plea and directed respondent's eviction by the order, dated 6-5-1980 but on appeal a learned Single Judge of Sind High Court took the view that since the case was to be decided under the provisions of Sind Rented Premises Ordinance, 1979 the ejectment application was not competent as the demised premises constitute a hotel to which the provisions of the Ordinance are not applicable. For these reasons, learned Judge in the High Court set aside the order of the Rent Controller by the judgment, dated 18-5-1982.
3. Mr. Munawwar Malik, learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court submits that there is conflict of views on the question of law whether the proceedings for eviction of a tenant from hotel premises filed under Sind Urban Rent Restriction Ordinance, 1959 can continue in spite of repeal of the Ordinance by the Sind Rent Premises Ordinance, 1979. In, this connection reliance was sought to be placed on the observations of this Court in Abdul Rehman v. Haji Mir Ahmed Khan Civil Petition for Special Leave to Appeal No. K-66 of 1982.
4. Since the question of law raised is likely to govern large number of cases, it is necessary that this Court should pronounce an authoritative decision. Leave is granted. Security Rs.2,000.
5. It is only appropriate that the appeal arising out of this petition should be heard by a larger Bench, preferably consisting of four Judges. Order accordingly.