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Civil Petition for Special Leave to Appeal No. 208‑K of 1985, decided on 30th June, 1985.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.21(3)‑‑Remand order‑‑Leave granted to consider the validity of order by High Court remanding case to Rent Controller on a point which had already been decided by him on basis of evidence led by parties.

Maroof Ali Khan Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 30th June, 1985.

ABDUL KADIR SHAIKH, J.

‑‑This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 24‑2‑1985 allowing respondent's appeal and in result remanding the case between the parties to the Rent Controller with the direction "to frame a preliminary issue on the question of relationship (of landlord and tenant) and to provide opportunity to the parties to lead evidence and to decide the same."

Mr. Maroof Ali Khan learned counsel for the petitioner referred to the order of the learned Rent Controller dated 16‑5‑1982 in support of the submission that the learned Judge has remanded the case "in futility when the Controller before passing an order for deposit of rent had in fact decided the issue of relationship of landlord and tenant on the basis of evidence led by the parties and the respondent did produce his best evidence."

The plea raised by the learned counsel deserves consideration.

We therefore, grant leave to appeal and allow the petition. Security Rs.1,000.

Appeal will be heard on the present record in August September 1985. It is however open to the parties to file any additional documents.

The proceedings before the Rent Controller shall be held in abeyance till the appeal is decided.

M.I. Leave granted.

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