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Civil Appeal No. 4‑K of 1986, decided on 25th August, 1986.
(On appeal from the judgment and order dated 1‑11‑1984 of the High Court of Sind passed in First Rent Appeal No. 113 of 1982).
‑‑Art. 185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)‑‑Refusal to strike off defence‑‑Appeal against‑ Competency of‑‑High Court holding that no appeal was maintainable against order of Rent Controller under S. 13 (6) of Rent Ordinance, 1959, refusing to strike off defence of tenant as same was either incidental or collateral and did not embrace whole gamut of dispute This view of High Court was superseded by Supreme Court judgment reported in 1986 S C M R 261‑‑Order of High Court set aside and case remanded to High Court for decision on merits in accordance with law.
Mst. Zubaida Begum v. Mst. S.T. Naqvi 1986 S C M R 261 rel.
A.F.M. Mokarim, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Appellant.
Ali Akbar, Advocate‑on‑Record for Respondent.
Date of hearing: 25th August, 1986.
Leave to appeal was granted to consider whether an appeal lies against an order of the Rent Controller refusing to strike down the defence for non‑compliance of the order for the payment of rent under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959.
The High Court accepted the plea that the appeal was not maintainable on the ground that:
"The order under section 13(6) refusing to strike off the defence is either incidental or collateral and 'does not embrace the whole gamut of the dispute'."
This view, however, stands superseded by the judgment of this Court in Mat. 2ubaida Begum v . Mst. S . T . Naqvi 1986 S C M R 261. This being so, the counsel for the respondent rightly conceded that the High Court order should be set aside and the case be remanded to the High Court for decision on merits in accordance with law. We order accordingly. There will be no order as to costs.
M. Y. H. Case remanded.
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