ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 2422 of 2017

Date of hearing

Order with signature of Judge

1. For orders on office objection

2. For hearing of main case

3. For hearing of CMA No.15041/2017

26.11.2018

Syed Bahadur Ali Shah advocate for petitioner.

Mr. Abdul Ghaffar Memon, State Counsel.

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After service of notice, the respondent filed written statement and denied the relationship of landlord and tenant. On an application under Section 16(1), the Rent Controller, without deciding the issue of relationship of landlord and tenant, allowed the application under Section 16(1). On account of non-deposit of tentative rent, as determined, an application under Section 16(2) was filed which was allowed. The order on application under Section 16(2) being final order was challenged by the respondent before the appellate Court in First Rent Appeal No.05/2016. The rent appeal was allowed on the ground that the issue of relationship of landlord and tenant was not decided by the trial Court.

I have heard the learned counsel and perused the two orders passed by the trial Court as well as that of the appellate Court.

Prima facie, it appears that before passing a tentative rent order, the Rent Controller was obliged to decide the issue of relationship of landlord and tenant though tentatively. No such exercise was done by the trial Court and the appellate Court has rightly considered this issue that it ought to have been decided first before passing the rent order. After remanding the case, it appears that the appellate Court has prepared a decree which was signed by Additional District Judge. Such error would not take away the substantial justice as done by appellate Court while passing the judgment. There was no direction given to the office by the Additional District Judge for the preparation of the decree and perhaps it is the error / mistake of the office of Additional District Judge. The order of the Additional District Judge was based on reasoning and as such the trial Court shall follow the directions given and decide the issues after providing an opportunity to the parties to record evidence in this regard, preferably within six (06) months from today.

Petition and listed application stand disposed of in the above terms.

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J U D G E

N.M.