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MRS. JUMANA KHURSHEED versus IST A.D.J., KARACHI EAST


Sections 2 (f), (c), 15, 16 (1) (2) and 21 Constitution of Pakistan (1973), Article 199 Limitation Act (IX of 1908), Section 5, Schedule and Article 152 Constitutional Petition Temporary Rental Order Not compliant. The landlord and the tenant's relationship to the tenant in the defense attack denies the existence of the landlord and tenant relationship between these parties. Prior to deciding the matter concerning the existence of a landlord and tenant relationship between tenants, the appellate court upheld the order to withhold the defense by the tenant and also know the non-compliance of the rent order. It turned out that a number of orders made by the rent controller and the appellate court were banned by the tenant, they were sketches and non-speaking orders, which made it unforgivable that the appeal court ruled Was heard. Mechanically, the tenant's appeal was invalid as a result of section 5, without giving reasons for excluding the Court of Appeal. The Limitation Act, 1908 did not apply to appeals under the Sindh Rated Premises Ordinance. Passed under section 16 (1). The Premise Ordinance, in 1979, directed the tenant to pay the arrears and future rent without deciding the fundamental issue of the landlord and tenant relationship between the parties, and an order to withhold the defense of the tenant under section 16 (2); The law was unclean. Delay in filing the appeal and the decision should have been made on merit, constitutional application allowed, by the High Court

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