| Citation(s) |
|---|
| 1997 SLG 1247 1997 SLD 1247 = 1997 PLD 99 |
Lahore High Court
Second Appeal from Order No. 13 of 1996, decided on 17th October, 1996. r
Presented By: Before Ihsan-ul-Haq Chaudhry, J
Syed Jamshed Ali Shah for Petitioner. Syed Najam-ul-Hassan Kazmi for
Respondent.
Second Appeal from Order No. 13 of 1996, decided on 17th October, 1996. r
Presented By: Before Ihsan-ul-Haq Chaudhry, J
Syed Jamshed Ali Shah for Petitioner. Syed Najam-ul-Hassan Kazmi for
Respondent.
Mst. MUMTAZ BEGUM---Appellant
VERSUS
Mst. WAZIR BEGUM --- Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 5
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 5-A [as added by Punjab Urban Rent Restriction (Amendment) Act (III of 1991))---Enhancement of rent---Non-residential building---Obligations of tenant and landlord relating to enhancement of rent---Enhancement of rent of non residential buildings being automatic, date from which same was due as also by whom same was payable had been made part of statute and nothing was left to be done by parties, therefore, increase in rent would be effective automatically-- Tenant was under obligation to pay rent at revised rate while landlord was under obligation to accept the same---Both parties might agree to another rate, however, agreement to that effect must be executed before Rent Controller and for that purpose no notice was required, purpose whereof was to exclude possibility of false plea of agreement at a rate less than 25 per cent. Haji Muhammad Ibrahim v. Haji Abdul Salam PLD 1996 Lah. 308 rel. M/s. Meerpur Khas Sugar Mills Ltd. v. Consolidated Sugar Mills Ltd. and 3 others PLD 1987 Kar. 225; Syed Masood Hussain and others v. Muhammad Saeed Khan and others PLD 1965 (W.P.) Lah. 11; Haji Muhammad Ibrahim v. Haji Abdul Salam PLD 1996 Lah. 308; Haji Allah Ditta v. Mst. Shahzadi Bilqis and another 1980 SCMR 41; Khawaja Ghulam Mustafa v. Mian Waqar Ahmad PLD 1980 SC 9; Malik Manzoor Ahmad v. Sardar Muhammad 1991 CLC 877; Saleem Ahmad v. Additional District Judge and others 1992 CLC 1531; Bahadur Khan and others v. Ch Muhammad Hussain and others 1991 SCMR 429; Haji Abdul Ghafoor and 2 others v. Muhammad Ibrahim 1996 MLD 138; Zahurul Hasan v. Mst. Ruqqia Begum and 4 others PLD 1981 SC 112; Muhammad Saleh v. Muhammad Shafi 1982 SCMR 33; Allah Din v. Habib PLD 1982 SC 465; Mursaleen v. unuiaw Sarwar through legal Belts arid another 1991 SCMR 2042; 1991 SCMR 2039; Mahboob Elahi Khawaja v. Mian Khadim Hussain and others 1995 MLD 1002; Malik Aftab Aslam v. Mian Altaf Ahmad and others 1991 CLC Note 327 at p.250; Sh. Muhammaa Saleem v. Messrs Obey Rai Cooperative Sports Ltd. 1992 CLC 286; Shaikh Atta Muhammad v. Mian Muhammad Abdullah and 10 others PLD 1971 Lah. 210; Sher Jang v. Muhammad Salim and…