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2001 YLR 985(1)

IFTIKHAR MIRZA through Legal Heirs vs Sheikh ABID & CO. (PVT.) LTD.

Citation2001 YLR 985(1)
CourtSindh High Court
Case No.First Regular Appeal No,181
Date2000-12-11
Judge(s)S. A. Rabbani
ResultAppeal dismissed

' Rent Case No,1384 of 1986, filed by the respondent against the present appellant, was decided by the VIII, Rent Controller, Karachi, South on I 1 th December, 1999 and the present appellants were directed to vacate the premises within two months of the order. Against that order, present appeal was filed on 3-2-2000.

2. Mr. Shakir Naqshbandi, learned counsel for the respondent, raised an objection that the appeal is time-barred.

3. The order was passed on 11-12-1992. Endorsement on the certified copy of the order produced in the appeal shows that the application for certified copy was filed after ten days of the order, on 21- 12-1999. The cost was estimated on the next day but it was deposited after twenty days, on 12-1- 2000. The certified copy was delivered on 17-1-2000 but, again, the appeal 2000, was filed after seventeen days of receipt of the certified copy.

4. Mr. Ghulam Ghous, learned counsel for the appellant, was not able to explain the delay in making an application for certified copy after ten days, for depositing cost after twenty days of its estimation and for filing of the appeal after seventeen days of the receipt of the certified copy.

5. In these circumstances, the appeal is not maintainable, having been filed after the period provided in section 21, subsection (1) of Sindh Rented Premises Ordinance, 1979. It is dismissed accordingly with cost.

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