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SHAMSUNISSA versus NIRMALA


Section 10 Sindh Rental Ordinance Ordinance (XVIII of 1979), Section 11 Electricity Landlord Appellant alleges that Appellant's rejection of power to such power rental controller in favor of appellant Upon dismissal of the tenancy appellant, the power supply has been discontinued in connection with the defendant's tenancy. But allowing the landlord to make such a connection at his expense without claiming his return to the High Court, though other than being favorable to the courts below, the second appeal to retain order under appeal on other grounds During the hearing, but the defective part of the order cannot be maintained at the expense of the tenant at the expense of the power connection with any other ground as well as the defective order, but the feudal attitude is very inappropriate. Considered

1981 C L C 1745

[Karachi]

Before Ajmal Mian, J

Mst. SHAMSUNISSA‑Appellant

versus

Smt. NIRMALA‑Respondent

Civil Appeal No. 469 of 1980, decided on 16th April, 1981.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

---------S. 10‑Sind Rented Premises Ordinance (XVIII of 1979), S. 11----- Disconnection of electricity‑Landlady appellant alleged to have disconnected supply of electricity in respect of respondent's tenement held on tenancy‑Appellant disowning to have supplied such electricity---- Rent Controller holding in favour of appellant but permitting respondent to have such connection made at her own expense without claiming for its refund from landlord‑High Court although while hearing second appeal competent to maintain order under appeal on a ground other than which found favour with Courts below, yet impugned portion of order allowing electric connection at tenant's own cost being not supported by any other ground as well impugned order, held, cannot be maintained‑Attitude of landlady however deplored as very unreasonable.

Samiullah v. Mian Muhammad Salim, District Judge, Rawalpindi P L D 1966 Lah. 572 ref.

S. Madad Ali Shah for Appellant.

Ajaz Ali Hakro for Respondent.

Date of hearing : 16th April, 1981.

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