1987 MLD 179 KARACHI-HIGH-COURT-SINDH

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HANSRAJ VS Mrs. ZAHIDA ALI Sindh Rented Premises Ordinance 1979--3 , West Pakistan General Clauses Act 1956--4 , --S. 15(2)(i) [as repealed by Sind Rented Premises (Amendment) Ordinance (IV of 1984)] Ss. 3 & 4 & S. 21--Appeal against eviction-Effect on its competency after repeal of S. 15(2)(i) of Ordinance XVII of 1979--Hearing of appeal under the procedural law of rent, being in the nature of a re-hearing and provisions of S. 21 of Ordinance XVII of 1979 has conferred upon High Court, power to allow further inquiry--Appeal being continuation of proceedings, once an appeal has been admitted against an order, matter would become sub judice again and thereafter, High Court would have seisin of the whole case--Provisions of Ordinance IV of 1984 having thus repealed Ss. 6 & 15(2)(i) of Ordinance, 1979 conferring right of eviction, it was a case of simple repeal without providing for any saving--Ground of eviction on expiry of fixed term tenancy no longer being available was set aside by High Court in appellate rent jurisdiction in circumstances.--[Appeal (civil)].