MUSLIM ASSOCIATION THROUGH FINANCE SECRETARY Vs. ANJUMAN ISLAMIYA MUSLIM YATIM KHANA THROUGH SECRETARY

JUDGEMENT

(1.) Challenging the order dated 19th January, 2011 passed by the Court below whereby it has rejected the application for amendment of the written statement filed by the defendant-tenant, Civil Revision Defective No. 8 of 2011 and the order dated 16th November, 2011 whereby the Court below has held that the suit will be heard and decided as small cause Courts suit, Civil Revision Defective No. 166 of 2011, have been filed under section 25 of the Provincial Small Cause Courts Act.

(2.) Refuting the above allegations, learned Counsel for the plaintiff-opposite party submits that the said amount was paid towards arrears of rent by the defendant-tenant. He further submits that conduct of the defendant-tenant disentitled him to get any discretionary relief under section 25 of the Provincial Small Cause Courts Act.

(3.) Considered the respective submissions of the learned Counsel for the parties.