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(On appeal from the Order of a learned Single Judge of the High Court of Sind at Karachi, dated 20th March, 1983 passed in F.R.As. Nos. 227 and 228 of 1983).

‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.16 (1)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13‑‑Leave to appeal Order of Rent Controller under S. 16(1), Sind Rented Premises Ordinance (XVII of 1979), or under S. 13(6)(8) of West Pakistan Urban Rent Restriction Ordinance (VI of 1959) , whether a final order or an interim order‑‑Substantial question of law, likely to affect large number of cases and deserving authoritative decision of Court‑‑Leave to appeal granted to consider question.

Mohsin Tayebaly, Advocate Supreme Court and M. Shabbir Ghaury, Advocate‑on‑Record for Petitioners.

Khalid Jamil, Advocate Supreme Court and S.M Gharib Nawaz, Advocate‑on‑Record for Respondents.

Date of hearing: 12th December, 1983.

J.‑‑ The question for consideration, inter alia, 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.

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. 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.

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.

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.

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.

M. Y. H Leave granted

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