Case Details

Citation(s)
1975 SLG 279 1975 SLD 279 1975 SCMR 356
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-35 of 1975, decision dated: 7th March 1975. (On appeal from the order of the High Court of Sind & Baluchistan, Karachi, dated 20-12-1974 in IInd Appeal No. 74 of 1970)
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI ANDMUHAMMAD GUL, JJ
A. Aziz Dastgir, Advocate-on-Record for Petitioner. Nemo for
Respondents

Miss E. ANDREWS

VS

NIAZ AHMAD AND OTHERS

Law:

Section:

Limitation Act (IX of 1908 ) S. 5Condonation of delayExplanaif6n" for delay concurrently rejected by all subordinate Courts-Petitioner's explanation that failure to deposit arrears of rent as ordered by Rent Controller was due to failure of counsel to intimate order passed by Tribunal factually incorrect-Petitioner admitting in her statement of her counsel having told her that "she was to deposit rent but he omitted to mention the exact amount"-Petitioner nevertheless guilty of lathes in not enquiring from her counsel amount and date by which arrears were to be deposited and for not doing so for six monthsNo case for condonation of delay, held, made out. Ghulam Muhammad Khan Londkhor v. Safdar Ali P L D 1967 S C 530 ref. ORDER MUHAMMAD YAQUB ALI, J. ,The -Petitioner Ras a tenant of Plot No. 2R.B.6/106, Krishan Chand Narumal Building, Arambagh Road, Karachi, under -Respondents Nos. I to 7 at a monthly rent of Rs. 50. On 271967, the -Respondents filed an application for eviction of the -Petitioner on basis of default in payment of rent. On 581968, the Controller made an order under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, requiring the -Petitioner to deposit arrears of rent in four monthly instalments and payment of future rent before the 15th day of each subsequent month, The -Petitioner again made a default whereupon the Controller struck off her defence on 2191968. In the absence of opposition, order for eviction of the -Petitioner was passed on 1 471969. On 1121969, the -Petitioner moved the Controller for permission to deposit arrears of rent pleading that her counsel had failed to intimate to her the order passed by the…
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