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MUHAMMAD SHOAIB versus KARACHI BUILDING CONTROL AUTHORITY


Tenants by Section & 42 & Sindh 54 Sindh Rented Premises Ordinance (of 1979 of the XVII), Section 15 (2) (iv) Civil Procedure Code (V 1908), O VII, R 11 (a) Building Control Authority For the declaration and injunction regarding the requirement, the trial tenant alleged that the tenant in his tenancy did not fall under the definition of basement and sought to regulate the locker by the authority. And that such notice was issued at the instance of the landlord without any legal authority. The landlord's request was premature because the tenant could not retain the citizenry if the question of illegal construction of the basement by the tenant was already pending against him. In the case for determining the question by a civil court in which the rent controller was confiscated, the jurisdiction of the rent controller shall not remove any difficulties or technicality which he may have The tenant was unable to make a decision in his case, neither the ownership of the rental premises nor the dispute. Nor does the fate of the rent issue raised regarding the jurisdiction depend on the question of whether the landlord locker exists or not, unless it was decided by the tenant controller at such time. Due to the tenant's action by the Tenant Controller, the landlord is available. The declaration of regularization of the underground locker by the Authority will remain. The premature tenant had no cause for action to maintain such suit, O VII, R 11, Plaintiff under CPC. Was rejected

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