1999 YLR 1287 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD NASEEM VS MUSLIM COMMERCIAL BANK LTD. Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ----Ss. 15 & 22---Limitation Act (IX of 1908), Art.181--Execution application--Limitation--Ejectment application filed by the respondent/ landlord was allowed by Rent Controller and the Appellant/tenant was ordered to hand over the vacant possession---Execution application was filed by respondent/landlord after a lapse of more than seven years--Validity---No time had been prescribed in Sindh Rented Premises Ordinance, 1979 for filing an execution application ---Effect--Where Legislature had not prescribed any period, Courts had to apply period of limitation as provided in the Limitation Act, 1908, for regulating its proceedings and to discipline the litigants and to disentitle appellant who remained inactive for a longer period and who was found guilty of laches--Successful landlord after obtaining an order of eviction against his tenant could not file execution application under S. 22, Sindh Rented Premises Ordinance, 1979, at any time according to his sweet-will---Rent Controller had failed to consider law and had wrongly dismissed objections of the appellant/tenant---Order of the Rent Controller was set aside in circumstances.