ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. S- 346 of 2008
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of cases(Priority).
1.
For Regular hearing of main case.
2.
For hearing of CMA 907/2008 (Stay)
-.-.--.
Date
of hearing : 21-01-2019.
Mr. Manoj Kumar Tejwani Advocate for
the petitioner.
Mr.
Noor Hassan Malik Assistant Advocate General Sindh.
O
R D E R.
MUHAMMAD SHAFI SIDDIQUI, J. This petition impugn orders of
the two Courts below whereby Rent Controller, despite denial of relationship,
went on to pass an interim order on an application under section 16(1) SRPO
1979, followed by an order on application under section 16 (2) of the Sindh
Rented Premises ordinance, 1979 which order was maintained by the appellate
Court.
Petitioner’s
mother was in occupation of premises as allowed by respondents’ father who
happened to be her real brother. Thus the relationship being claimed of land
lord and tenant is in fact between brother and sister. In the written statement
the relationship was absolutely denied that being sister of father of
respondents Nos. 1 and 2 she was enjoying the premises and there was absolutely
no relationship of land lord and tenant between them. The opponent / petitioner
claimed to have occupied the premises since 1972 and that the alleged agreement
was claimed to be a managed one.
Interestingly,
as claimed, no rent receipt was filed. Respondent No.1 and 2’s counsel is not
appearing. He is called absent today and so also on 03.12.2018.
I have heard learned counsel for the
petitioner as well as learned Assistant Advocate General Sindh.
The question as raised by learned
counsel for the petitioner has now been conclusively decided by the Honourable
Supreme Court that in case such
relationship is seriously denied, then in all fairness an issue ought to have
been framed first between the parties. Apparently the facts of the case are
such that sister is occupying the premises which is in the name of his brother
therefore, there was no justification on the part of the Rent Controller to
observe that there cannot be any other relationship except that of land lord
and tenant. This is not borne out of the facts of the case as well as law. There
are several capacities on the basis of which she could have occupied the
premises, she could have been a trespasser, licensee or permissible possession
and in such case Rent Controller could not have exercised its jurisdiction. These
facts were not ascertained by Rent Controller as well as by appellate Court to
assume jurisdiction. The pleadings of the case are before me and the written
statement available at page 75 denies the relationship seriously. In para 6 it is claimed that the opponent’s mother
was handed over possession of the demised premises and she has never paid any amount
towards rent and that the agreement was forged one. In case the premises is
occupied by her since 1972 ,how then the agreement was reduced into writing in
1991. Although there was a possibility but that has to be ascertained after framing
issue. In my view the Rent Controller as well as appellate Court erred in law
while deciding application under section 16(1) as well as 16(2) of the Sindh
Rented Premises Ordinance 1979.
In case of Miskina Jan vs. Rehmat Din reported
in 1992 SCMR 1149 the Honourable Supreme Court has laid down the principle that
tenant denying relationship and having substance in the pleadings, the Rent Controller ought to have framed issue
in respect of the relationship between them and an untimely rent order under
section 16(1) was a premature conclusion.
In view of the above, I deem it
appropriate to allow this constitutional petition by setting aside two orders
of Courts below and remand the case to the Rent Controller to decide the
application U/S 161 SRPO,1979 afresh after framing issue of relationship of
landlord and tenant between the parties and then pass appropriate order as deem
fit and proper. Since the matter has already consumed a lot of time, it is
expected that the Rent Controller may decide the issue preferably within three
months.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Crl.
Transfer Application No. S- 145 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh case.
3.
For order son office objection at Flag
‘A’.
4.
For hearing of main case.
5.
For order on MA No.6740/2018 (stay)
-.-.--.
21-01-2019.
Mr. Manzoor Hussain
Balouch Advocate for applicant.
-.-.-.-.-.-.
1. Deferred for the time
being.
2&3. The affidavit containing the
allegations are taken on record along with documents. Let notice be issued to
Additional P.G for 04.02.2019.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Crl.
Transfer Application No. S- 144 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh case.
6.
For orders on CMA No.6729/2018 (U/A)
7.
For order son office objection at Flag
‘A’.
8.
For orders on ma No.6730/2018 (Ex)
9.
For hearing of main case.
10. For
order on MA No.6731/2018 (stay)
-.-.--.
21-01-2019.
Mr. Manzoor Hussain
Balouch Advocate for applicant.
-.-.-.-.-.-.
1.
Urgency granted.
2. Deferred for the time
being.
3. Exemption is granted
subject to all just exceptions.
4&5. The
affidavit containing the allegations are taken on record along with documents.
Let notice be issued to Additional P.G for 04.02.2019.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
C.P
No. S- 849 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For hearing of case
/ Priority.
11. For
orders on office objection at Flag ‘A’.
12. For
hearing of main case.
13. For
hering of CMA NO.10678/2018 (Stay)
-.-.--.
21-01-2019.
None present. Adjourned.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Civil
Revision No. S- 220 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh cases.
14. For
orders on office objection No.5 at Flag ‘A’.
15. For
orders on CMA 1631/2018 (Ex)
16. For
hearing of main case.
17. For
orders on CMA NO.1632/2018 (Stay)
-.-.--.
21-01-2019.
None present. Adjourned.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Civil
Appeal No. S- 37 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case /
Priority
18. For
hearing of main case.
19. For
hearing of CMA No.1177/2017 (stay)
-.-.--.
21-01-2019.
None present. Adjourned.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
C.P
No. S- 1044 of 2017
C.P
No. S- 1045 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case /
Priority
20. For
orders on office objection at Flag ‘A’.
21. For
hearing of main case.
22. For
hearing of CMA No.7316/2017 (stay)
-.-.--.
21-01-2019.
Mr. Aijaz Ahmed Advocate
holding brief for Mr. Rukhsar Ahmed Junejo counsel for the petitioner and on
his instructions, he does not press these petitions, which are accordingly
dismissed as not pressed.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 74 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
23. For
orders on CMA 45/2019 (Condonation)
24. For
Non prosecution.
-.-.--.
18-01-2019.
Applicant Gul
Muhammad Mahesar present in person.
-.-.-.-.-
1
& 2. The application for
condonation of delay is taken on record. It is claimed that this revision is
within time.
Notice to respondents as
well as Additional A.G for a date to be fixed by office.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 73 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
25. For
orders on CMA 44/2019 (Condonation)
26. For
Non prosecution.
-.-.--.
18-01-2019.
Applicant Gul
Muhammad Mahesar present in person.
-.-.-.-.-
1
& 2. The application for
condonation of delay is taken on record. It is claimed that this revision is
within time.
Notice to respondents as
well as Additional A.G for a date to be fixed by office.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 228 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
non-prosecution.
Applicant has not
complied with office objection at Flag ‘A’.
-.-.-.-.
18-01-2019.
Mr. Achar Khan
Gabol Advocate for applicants.
-.-.-.-.-
Learned counsel for
applicants seeks one week time to make compliance of office objection. Order
accordingly.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
R.A
No. S- 227 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
non-prosecution.
Applicant has not
complied with office objection at Flag ‘A’.
Notice issued to applicant
-.-.-.-.
18-01-2019.
None present. Office
objection be complied with within one week.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 212 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
non-prosecution.
Learned counsel for
appellant has not complied with the office objection at Flag ‘A’
-.-.-.-.
18-01-2019.
None present. As a last chance one more opportunity is
granted to applicants and their counsel for compliance of office objection
within a period of one week.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 206 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
non-prosecution.
Learned counsel for
appellant has not complied with the office objection since 12.11.2018 at Flag
‘A’
-.-.-.-.
18-01-2019.
None present. Adjourned.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
R.A
No. S- 83 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
non-prosecution.
P.F & copies
not supplied by learned counsel for applicant for issuing notices to the
respondent & Addl.A.G.
-.-.-.-.
18-01-2019.
Mr. Muhammad Qayoom
Arain Advocate holds brief for Mr. Nazeer
Ahmed Junejo Advocate for applicant and requests for one week time to make
compliance of office objection. Order accordingly.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
IInd
Civil Appeal No. S-04 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For non-prosecution.
Learned counsel for
appellant has not complied with the office objection at flag ‘A’.
-.-.-.-.
18-01-2019.
None present. Adjourned.
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 303 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case.
1.
For orders on CMA No.205/2019 (U/A)
2.
For orders on office objection at Flag
‘A’.
3.
For orders on CMA No.2845/2018 (Ex)
4.
For hearing of main case.
(Matter already
fixed on 13.03.2019)
17-01-2019.
Mr. Ali Raza Balouch
Advocate for petitioner.
-.-.-.--.-
1. Urgency granted.
2. Deferred
for the time being.
3. Exemption
is granted subject to all jut exceptions.
4. Counsel for petitioner submits that
they would not press this petition provided their appeal pending before
Secretary Food department Sindh Secretariat be heard and decided by the
competent authority as available at page 71 of this file. In case such appeal
is pending, the same be disposed of after hearing petitioner in accordance with
law within 08 weeks. The petition as such served its purpose and is accordingly
disposed of.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 100 of 2019
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh case.
5.
For orders on CMA No.401/2019 (U/A)
6.
For orders on office objection at Flag
‘A’.
7.
For orders on CMA No.402/2019 (Ex)
8.
For hearing of main case.
9.
For orders on CMA 403/2019 (Stay)
17-01-2019.
Mr. Sarfraz A. Akhund Advocate for petitioner.
-.-.-.--.-
1. Urgency granted.
2. Deferred
for the time being.
3. Exemption
is granted subject to all jut exceptions.
4&5. Although there are certain questions as to
maintainability of this petition, since it is claimed that School was raised on
an amenity plot meant for park. Counsel
to assist as to maintainability of the petition on the next date, however, in
the meantime, let notice be issued to the respondents as well as Additional
A.G. No further adjournment shall be granted to the petitioner on the next date
of hearing.
To
come up along with C.P No.D-85/2019 on 22.01.2019 to be taken at 9.30 a.m
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 600 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case
(Priority)
For orders on CMA
No.7279/2018 (151 CPC)
For hearing of CMA
No.3937/2018 (S/A)
For
hearing of main case.
17-01-2019.
Mr. Zulifqar Ali Sangi Advocate for petitioners.
Mr. Bakhshan Khan Mahar Advocate for respondent
No.6.
Mr. Zulifqar Ali Naich Assistant Advocate General
Sindh.
Mr. Irfan Ahmed Memon D.A.G.
-.-.-.--.-
This petition was filed by the
councilors of Town Committee Halani. It is claimed that all the councilors have
voted for no-confidence against the Chairman Town Committee Halani, however,
since the Election Commission has disposed of the appeal whereby it is claimed
that no-confidence motion was discharged in view of section 27 of Sindh Local
Government Act, 2013 therefore, this petition loses its venum . The order of
Election Commission is not binding to this bench and this petition shall be heard independently irrespective of any order
passed by the Election Commission. It is yet to be seen whether in the absence
of any rule in moving of no-confidence motion what would be fate of a
resolution of no-confidence motion as moved against the Chairman and was
unanimously decided in absence of the rules in prescribed manner. Whether absence of rules would create an
effect on the functioning of section 27 of Local Government Act, 2013 is to be
seen. The rules may have its prospective effects but it is to be seen that
whether such rules can have
retrospective effects. Petitioners also intend to challenge the order of
Election Commission since they were not arrayed as party in the proceedings. They
are at liberty to do so but they do not need any permission from the Court. However, since a short controversy is
involved, let this petition be fixed on 13.02.2019. Interim order passed
earlier to continue till next date.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 3856 of 2016
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case.
10. For
orders on CMA No.383/2019 (U/A)
11. For
orders on withdrawal statement.
12. For
orders on office objection at Flag ‘A’.
13. For
hearing of main case.
14. For
orders on CMA 10430/2016 (Stay)
(Matter already
fixed on 14.02.2019)
17-01-2019.
Mr. Abdul Naeem Pirzada Advocate for petitioners.
-.-.-.--.-
Learned
counsel for the petitioners on instructions, does not press the instant
petition which is accordingly dismissed as not pressed.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 95 of 2019
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh case.
15. For
orders on CMA No.389/2019 (U/A)
16. For
orders on CMA No.390/2019 (Ex)
17. For
hearing of main case.
17-01-2019.
Mr. Safdar Hussain Memon Advocate for petitioners.
-.-.-.--.-
1. Urgency granted.
2. Exemption
is granted subject to all jut exceptions.
3. Notice
to respondents as well as Additional A.G Sindh
for 22.01.2019.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No. D- 97 of 2019
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Fresh case.
18. For
orders on CMA No.393/2019 (U/A)
19. For
orders on office objection at Flag ‘A’
20. For
orders on CMA No.394/2019 (Ex)
21. For
hearing of main case.
22. For orders on CMA 395/2019 (stay)
17-01-2019.
Mr. Zulifqar Ali Sangi Advocate along with
petitioner
-.-.-.--.-
1. Urgency granted.
2. Deferred
for the time being.
3. Exemption
is granted subject to all jut exceptions.
4&5. Notice
to respondents as well as Additional A.G Sindh for 22.01.2019.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No.D- 421 of 2018
Const.
Petition No. D-2154 of 2018
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case
(Priority)
For orders on CMA
No.3313/2018 (1 R.10)
For orders on CMA
No.4016/2018 (suspension)
For
hearing of main case.
17-01-2019.
Mr. Bakhshan Khan Mahar Advocate for petitioner.
Mr. Irfan Ahmed Memon D.A.G.
-.-.-.--.-
The scope of this petition is to
decide the appeal of the petitioner pending before the Election Commission. A connected
petition No. D-2154/2018 was also filed with prayer that
the respondents Nos. 3 and 4 may not create hindrance in the petitioner’s
function and so far as the appeal before the Election Commission is concerned, since
it is claimed that the appeal before the election commission filed by the
petitioner has already been disposed of, this petition is virtually has become
infructeuous, as such the petitioner does not press this petition and according
disposed of.
In the connected constitution
petition No. D-2154/2018 it is claimed that the officials of Anti-corruption
establishment shall not create hinderance in his function. It goes without
saying that the official respondents including Anti-corruption establishment shall act in accordance with law and they will
not be restrained by this Court from performing their duties. The petition as such
has been filed to mislead the Court and accordingly dismissed.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No.D- 205 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case
(Priority)
For hearing of CMA
NO. 1315/2017 (S/A)
For
hearing of main case.
17-01-2019.
Mr. Bakhshan Khan Mahar Advocate holds brief for Mr.
Nisar Ahmed Bhanbhro Advocate for petitioner.
Mr. T. David Lawrence Advocate for respondents Nos.
2 to 4.
Mr. Irfan Ahmed Memon D.A.G.
-.-.-.--.-
Mr. Nisar Ahmed Bhanbhro Advocate
for petitioner is reported to be busy before principal seat at Karachi and
request for adjournment is made on his behalf. Mr. Lawrence does not oppose to
his personal request.
Adjourned.
JUDGE
JUDGE
Irfan/PA.
ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR____.
Const.
Petition No.D- 946 of 2016
Const.
Petition No D- 989 of 2017
_______________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
Hearing of case
(Priority)
1.
For hearing of CMA No.10675/2017 (1
R.10)
2.
For hearing of CMA NO. 2546/2016 (S/A)
3.
For hearing of main case.
17-01-2019.
Mr. Sawan Khan Jagirani Advocate for the
petitioners.
Mr. Ahmed Ali Shahani Assistant A.G Sindh.
-.-.-.--.-
Mr. Sawan Khan Jagirani Advocate has concluded his arguments to the
extent of his clients / petitioners.
Mr. Ahmed Ali Shahani learned
Assistant A.G undertakes to place on record enquiry being undertaken by the
officials against those who are responsible for the payment of salary of these
Lady Health Workers in between 2013-2014. The report be filed with advance copy
to petitioners’ counsel.
Since Mr. Qurban Ali Malano is not in attendance, the matter is adjourned
to 07.03.2019.
JUDGE
JUDGE
Irfan/PA.