| Citation(s) |
|---|
| 1976 SLG 376 1976 SLD 376 1976 SCMR 515 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 436 of 1973, decision dated: 14th March 1974
WAHEEDUDDIN AHMED AND ANWARUL HAQ, JJ
Ch. Qadir Bakhsh. Advocate Supreme Court instructed by Kh. Mushtaq Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 436 of 1973, decision dated: 14th March 1974
WAHEEDUDDIN AHMED AND ANWARUL HAQ, JJ
Ch. Qadir Bakhsh. Advocate Supreme Court instructed by Kh. Mushtaq Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents
Qazi AHMAD KHAN
VS
MRS. S. HENRY LAL AND ANOTHER
Law:
Section:
West Pakistan Urban Rest Restrictions Ordinance (VI of 1969) S. 15(1) & (4) - Ejectment-Contention that order challenged in appeal before High Court not covered by class of cases mentioned in S. 15(1). no direct appeal lay to District Judge and direct appeal lay to High Court under S. 15(43, held, prima facie correct-Petitioner having been granted several adjournments for filing amended written statement and failing to do so, thereby prolonging litigation, Rent Controller perfectly justified in striking off -Petitioner's defence and case, as such, not fit for interference by Supreme Court..(Appeal (civil)). ORDER WAHEEDUDDIIN AHMED, J. The dispute between the parties is in respect of property No. 9, Masson Road, Lahore. -Respondent No. I filed an application under section 13 of the Rent Restriction Ordinance against the -Petitioner for his ejectment on the ground of default in the payment of rent. The case was adjourned to 19th December 1972 and 20th December 1972 for filing an amended reply to the amended application. On the 21st December 1972, it was represented that the -Petitioner has gone to Khartoum. Sudan and the case may be adjourned. The case was adjourned to 24th January 1973. On this date also the -Petitioner failed to appear and asked for the adjournment of the case. Thereafter the case was adjourned several times for the filing of the amended written statement on the ground that the -Petitioner was ill The case was finally heard by the Rent Controller on the 10th March 1973 and he struck off the defence of the -Petitioner on the ground that he has failed to comply with the order of the Rent Controller of the previous date thatβ¦
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