ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI.

C.P. No. S-1693 of 2016

Date               Order with Signature of Judge                                       .                                             

 

Hearing/Priority case.

  1. For hearing of main case.
  2. For hearing of CMA  No. 7318/16 (Stay application)

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24.01.2017.

            Mr. Abdul Shakoor & Ms. Jamila Siraj, Advocates for petitioner.

            Mr. Mujahid Bhatti, Advocate for respondent.

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            The respondent No.1 / applicant / landlord filed a rent application under section 15 of the Sindh Rented Premises Ordinate, 1979, bearing Rent Case No. 324 of 2013, before the learned rent Controller IV- Karachi-East against the petitioner / opponent / tenant in respect of rented premises i.e. Shop No. 879/C-2, situated on first floor, PECHS, Block No.2, Karachi on the grounds of default in payment of monthly rent, including KESC bills, making alteration in premises impairing its utility and requiring the same for personal bonafide use. The learned Rent Controller, vide judgment dated 31.03.2016 allowed the rent application on the ground of requiring the rented premises for personal bonafide use by the respondent No.1, directing the petitioner to vacate the rented premises and handover its possession to respondent No.1 within 30 days. Against that judgment, the petitioner preferred F.R.A. bearing No. 50 of 2016, which was heard and dismissed by the learned IXth Additional District Judge, Karachi-East, vide order dated 06.10.2016, holding the said F.R.A. barred by time for 6 days. It is against that order that the instant constitutional petition has been filed by the petitioner.    

 

2.         It is an admitted position that the judgment was passed by the learned Rent Controller on 31.03.2016. The petitioner applied for the certified copy of the same on 25.04.2016, which was delivered to him on 30.04.2016, and thereafter, he filed F.R.A. on 05.05.2016. If the time requisite for obtaining certified copy of the impugned judgment is excluded, the F.R.A. appears to have been filed on the 29th day from the date of impugned judgment, which was within period of 30 days as prescribed under Section 21 of the Sindh Rented Premises Ordinance, 1979.

 

3.         Conceding the fact that the learned appellate Court while holding the F.R.A. as time barred did not exclude the time spent in obtaining certified copy of the impugned judgment and thus committed illegality in  passing impugned order, the learned counsel for the respondent No.1 has recorded his no objection for allowing this Constitutional Petition.

 

4.         I, therefore, set aside the impugned order dated 06.10.2016 passed in F.R.A. No. 50 of 2016  and remand the case to learned IXth Additional District Judge, Karachi-East to decide the same on merits after hearing the parties, expeditiously and preferably within a period of two months hereof. 

 

JUDGE

Athar Zai