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Civil Petition for Special Leave to Appeal No. K‑246 of 1983, decided on 24th August, 1983.

(On appeal against the judgment of Sind High Court at Karachi, dated 20th April, 1983 in First Rent Appeal No. 297 of 1981).

‑‑ Art. 185(3)‑Sind Rented Premises Ordinance (XVII of 1979), S. 15‑Ex parte decree of ejectment against tenant‑Service of notice on tenant‑Leave to appeal granted to consider questions whether a note recorded by Reader and not Presiding Officer was sufficient to effectuate fact of service of notice on tenant so as to authorize Presiding Officer on subsequent date of which tenant had no notice to proceed against tenant ex parte‑Whether practice of recording orders/ diaries by Reader in rent cases was in accordance with law and practice applicable to rent proceedings‑Order of ejectment ordered not to be executed in the meanwhile.

Anwar Ahmad Qadri, Advocate‑on‑Record/Advocate Supreme Court for Petitioner.

M. Mustafa, Advocate‑on‑Record for Respondent.

Date of hearing : 24th August, 1983.

Leave to appeal is granted to the tenant against whom an ex parse decree of ejectment was passed and there was refusal to set it aside, to examine the following questions of law :‑

(1) Whether a note dated 21‑3‑1981 recorded by the Reader and not the Presiding Officer was sufficient to effectuate the fact of service of notice on the tenant so as to authorize the Presiding Officer on a subsequent date 4‑4‑1981 of which the tenant had no notice, to proceed against the tenant ex parte.

(2) Whether the practice of recording orders/diaries by the Reader in rent cases is in accordance with the law and practice applicable to the proceedings.

Security in the sum of Rs. 2,500. The ejectment order not to be executed in the mean while.

At the hearing the record of the proceedings before the Rent Controller be made available.

M. Z. M. Leave granted.

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