' MUNIB AHMED KHAN, J.---This appeal has been filed against the order passed by the Rent Controller Faisal Cantonment Karachi, dated 12-4-2003, in Rent Case No,6 of 2002, whereby, the rent case of the appellant has been dismissed.
2. Mr. Muhammad Aqil, learned counsel for the appellant, submits that the Rent Controller has failed to understand the description of total property as well as description of the premises under tenancy. He further submits that only the first floor of the building, which is also known as Shop No,5 in terms of the Extract From the General Land Registrar of Cantonment Board, was under tenancy while rest of the portions of that property were illegally occupied by the respondents but even then the Rent Controller has mixed up all that issues and instead of passing any order on merits has disposed of the rent case on the ground of non relationship of tenancy.
3. On the other hand, Mr. Zain A. Jatoi, learned counsel for the respondents, has contended that the appellant is not actual owner of the property but has got this property mutated in his name as Muhammad Khaliq Khan, predecessor-in-interest of the respondents, was not maintaining good health. He further submits that he can prove even title of his client on merits. He further contends that he has also come to know that a Civil Suit bearing No,31072007 has been filed for possession and mesne profit, to which, Mr. Aqil has stated that since there was no remedy available and the rent matter was pending since, 2002, therefore, this step was taken but after realizing status of the parties that suit was dismissed on the ground of limitation contrary to the ruling reported as 1991 SCM R 2063. He reiterated that the property under tenancy was first floor of the building only, hence, Rent Controller would have decided that issue only
4. In such a situation, with the consent of both the learned counsel, the order, dated 12-4-2003 is set aside with the direction to the learned Rent Controller to first determine and understand the premises involved and thereafter to proceed with the matter and decide the same on merits within a period of six months.