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Civil Petition for Leave to Appeal No. 71‑K of 1986, decided on 23rd April, 1986.

(On appeal from the judgment and order of Sind High Court, Karachi, dated 1‑12‑1985 in F.R.A. No. 278 of 1985). ,

‑‑‑Art. 185(3)‑‑Sind Rented Premises Ordinance (XVII of 1979), Ss.16(2) 21‑‑Conflict of decisions existing on question of law whether order of Rent Controller dismissing an application of landlord for striking off defence of tenant under 5.1612) of Sind Rented Premises Ordinance was an interim order and as such whether any appeal against it lay under S.21 of Ordinance‑‑An authoritative decision of Supreme Court required on said question which was likely to govern large number of cases‑‑Leave to appeal granted.

1986 C L C 43 ref.

Akhtar Mahmood, Advocate‑on‑Record for Petitioner.

Respondent No. 2 in person.

Date of hearing: 23rd April, 1986.

There seems to be conflict of .decisions on the question of law whether order of the Rent Controller dismissing an application of the landlord for striking out the defence of the defendant under section 16(2) of the Sind Rented Premises Ordinance is an interim order and as such any appeal against it lies under section 21 of the Ordinance. By the judgment, dated 1‑12‑1985 from which leave to appeal is sought in this petition learned Judge in the Sind High Court following earlier decision reported as 1986 C L C 43 held that the order of the nature above is not appeal able. It is, therefore, necessary that an authoritive decision of this Court on the aforesaid question of law be rendered as it is likely to govern large number of cases.

Leave is granted. Security Rs.1,000. Appeal arising out' of this petition will be heard on the present record but it is open to the parties to file additional documents, if any.

M. Y. H. Leave granted.

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