| Citation(s) |
|---|
| 2001 SLG 2617 2001 SLD 2617 2001 CLC 1775 |
Lahore High Court
Writ Petition No. 6142 of 2001, decision dated: 17-04-2001
MAULVI ANWARUL HAQ, J
Ijaz Feroze for Petitioner
Writ Petition No. 6142 of 2001, decision dated: 17-04-2001
MAULVI ANWARUL HAQ, J
Ijaz Feroze for Petitioner
MUHAMMAD TAUQIR ANWAR AWAN
VS
Haji MUHAMMAD ASGHAR and 2 others
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art. 109 --- Constitutional petition ---Ejectment of tenant---Defence, striking off---Failure to file written reply---Despite many opportunities given by the Rent Controller, the tenant failed to file written statement whereupon defence of the tenant was struck off---Plea raised by the tenant was that he was not required to file written statement and his defence was wrongly struck off---Validity---Where the tenant had failed to file written, statement, the Rent Controller had rightly struck off the defence---Constitutional petition was dismissed in limine. The Secretary, Board of Revenue, Punjab, Lahore and another v. Khalid Ahmad Khan 1991 SCMR 2527 ref. Mst. Hakumat Bibi v. Imam Din and others PLD 1987 SC 22 fol. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment petition---Adjournment of proceedings---Rent Controller is not required to adjourn the case at all and even if an adjournment is unavoidable, it should not be made for a period exceeding three days. Barkat Ali v. Muhammad Ehsan and another 2000 SCMR 556 ref. (c) Administration of justice--- ---- Judicial record---Sanctity of the judicial record cannot be sacrificed at the altar of expediency of a litigant. Abdullah v. Shaukat 2001 SCMR 60 ref. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Ejectment proceedings---Raising, of new plea---Validity---Plea not raised before -the Courts below was not allowed by High Court to be raised in Constitutional petition. ORDER Respondent No. 1 filed an application on 20-9-1999 for ejectment of the petitioner from a house situate in Faisalabad Urban Area. The grounds asserted for seeking ejectment were non-payment of rent since November, 1998 in accordance with the terms of the agreement of tenancy and the requirement of the premises by the said landlord for bona fide personal use. This application came up before the learned Rent Controller on the same date and notices were issued to the petitioner for, 6-11-1999. On…
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