1. ABDUL KADIR SHAIKH, J.-- Facts of this case briefly stated are that by a lease-deed, dated 1-3-1976 petitioner let out the demised premises to respondent for three years on monthly rent of Rs.1,375.
2. On 21-4-1979 petitioner applied for respondent's eviction on the ground that he required the premises for his bona fide use. The Rent Controller upheld this plea and directed respondent's eviction by the order, dated 6-5-1980 but on appeal a learned Single Judge of Sind High Court took the view that since the case was to be decided under the provisions of Sind Rented Premises Ordinance, 1979 the ejectment application was not competent as the demised premises constitute a hotel to which the provisions of the Ordinance are not applicable. For these reasons, learned Judge in the High Court set aside the order of the Rent Controller by the judgment, dated 18-5-1982.
3. Mr. Munawwar Malik, learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court submits that there is conflict of views on the question of law whether the proceedings for eviction of a tenant from hotel premises filed under Sind Urban Rent Restriction Ordinance, 1959 can continue in spite of repeal of the Ordinance by the Sind Rent Premises Ordinance, 1979. In, this connection reliance was sought to be placed on the observations of this Court in Abdul Rehman v. Haji Mir Ahmed Khan Civil Petition for Special Leave to Appeal No. K-66 of 1982.
4. Since the question of law raised is likely to govern large number of cases, it is necessary that this Court should pronounce an authoritative decision. Leave is granted. Security Rs.2,000.
5. It is only appropriate that the appeal arising out of this petition should be heard by a larger Bench, preferably consisting of four Judges. Order accordingly.