Case Details

Citation(s)
2022 SLG 1713 2022 SLD 1713 2022 PLJ 109
Quetta High Court
F.A.O. No. 51 of 2021, decided on 31.3.2022.
ROZI KHAN BARRECH, J.
Syed Manzoor Shah, Advocate for Appellant. Mr. Iqbal Ahmed Kasi, Advocate for
Respondent No. 1.

TORAB KHAN---Appellant

VS

TAHIR KHAN

Law:

Section:

Balochistan Urban Rent Restriction Ordinance, 1959 (VI of 1959)-- ----Ss. 13, 13(6) ,  15--Eviction application--Relationship of land lord and tenant--Order for deposit of monthly payment of rent--Appellant was failed to deposit monthly rent--Defence of appellant was struck of--Direction to vacate shop and delivery of possession--Challenge to--Order under Section 13(6) of Ordinance 1959 was passed on 20.03.2021, which was not complied with as such, trial Court struck off defense of appellant and directed him to vacate rental premises and hand over vacant possession to respondent--The relationship of land lord and tenant was admitted by parties--Once Rent Controller directed appellant to deposit of tentative rent before 5th of every month, then it was mandatory upon appellant to deposit said rent as per direction of Rent Controller however, he failed to comply with order passed by Rent Controller--Findings rendered by trial Court/Rent are based on proper appreciation of evidence and material available on record of case and law applicable--Appeal dismissed. [Pp. 110, 111 ,  112] A, B ,  C JUDGMENT The appellant in this appeal has challenged the order dated 17.09.2021 of the Court of Civil Judge/Rent Controller Sariab Quetta (“trial Court”) whereby the defense of the appellant was struck off, and the forthwith eviction was ordered. 2. Brief facts leading to the filing of the instant appeal are that the respondent filed Eviction Application No 04/2020 under Section 13 of the Balochistan Urban Rent Restriction Ordinance 1959 (hereinafter “the Ordinance 1959”) against the appellant/tenant before the trial Court. The appellant was summoned who appeared and contested the said application by filing his reply. Subsequently, vide order dated 20.03.2021, the trial Court directed the appellant to deposit tentative monthly rent of Rs. 10,000/- before the 5th day of every month. However, the appellant failed to deposit the said rent for some months on the date fixed by the trial Court. The respondent submitted an application to struck off the defense of the appellant under Section 13(6) of the Ordinance, 1959. After hearing arguments of the parties, the trial…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492