Case Details

Citation(s)
1970 SLG 3002 1970 SLD 3002 = 1970 SCMR 60
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 371 of 1967, decided on 5th October 1967.
Presented By: A. R. Cornelius, C. J. and Fazle-Akbar, J
Iftikharul Haq Khan, Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Petitioner. M. A. Zullah, Senior Advocate Supreme Court (Khawaja Shaukat Ali, Advocate Supreme Court with him) instructed by Fazle-i-Hussain, Attorney for
Respondent.

Malik GHULAM HUSSAIN-Petitioner

VERSUS

Haji MUHAMMAD HAYAT-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance, 1956

Section: 15

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th June 1967, in Second Appeal No. 34 of 1966). West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. I5-Weather High Court in second appeal against order of Rent Controller exercised discretion in accordance with judicial principle and whether order passed by Single judge being appeasable to Letters Patent Bench--Special Leave to Appeal direct to Supreme Court not competent-Special Leave to Appeal granted by Supreme Court to consider question. Date of hearing : 5th October 1967. ORDER CORNELIUS, C. J.-A point of law arises in this case, viz. whether in second appeal against an order of a - Rent Controller made in a petition for ejectment of a tenant, the High Court has exercised discretion in accordance with judicial principle, in reduc ing to Rs. 20 per month, the rent of the property in question, which had been claimed at Rs. 120 per month by the landlord, had been fixed at Rs. 80 per month by the Rent Controller (tentatively, but it became permanent due to subsequent default of compliance by the tenant) and had been reduced to Rs. 50 per month in appeal by a…
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