| Citation(s) |
|---|
| 1990 SLD 1526 = 1990 CLC 1156 |
Lahore High Court
Writ Petition No.1204 and 1225 of 1989, decided on 22nd October, 1989.
Presented By: Before Gul Zarin Kiani, J
Malik Muhammad Rashid Awan for Petitioner. Zahid Hussain Khan for
Respondents.
Writ Petition No.1204 and 1225 of 1989, decided on 22nd October, 1989.
Presented By: Before Gul Zarin Kiani, J
Malik Muhammad Rashid Awan for Petitioner. Zahid Hussain Khan for
Respondents.
Dr. MUHAMMAD SIDDIQUE---Petitioner
VERSUS
ADDITIONAL DISTRICT JDUGE, FAISAILABAD and 3 others---Respondents
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6)---Order for deposit of rent---Validity---Requirement---Where tenancy was admitted in pleadings, Rent Controller could legitimately rely on those admissions for making an order for deposit of rent---Tenant's contention that without prior determination of the issue about relationship of landlord and tenant, direction for deposit of rent could not be made had no merit. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6) and (8)---Tentative rent order---Where there was a dispute about the rate of rent or amount of rent due, Rent Controller was required to determine both approximately, subject to their final determination at the end of proceedings---Initial assessment was tentative and determination thereof provisional. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6>)---Tentative assessment of rent, determination of---In absence of clear documentary evidence to assist tentative assessment and provisional determination of payable monthly rent and the amount due, element of judicial guess for working out a fair and proper estimate, could not be deemed either fanciful, capricious or vindictive. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----5. 13(6)---Tentative rent order, disregard of---Effect---Wilful default to deposit tentative rent amount could not be condoned---Order for deposit of rent having been passed in presence of parties there was no ambiguity about it and none was pleaded---Instead of complying with order, tenant's application for "re looking" at it was clearly misconceived action and was an attempt to evade liability for payment of rent. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Relationship of landlord and tenant---Mere pendency of civil suit by a co-sharer in joint property was not a strong circumstance for keeping decision of rent matters in abeyance to await adjudication of title dispute from Civil Court, moreso, when tenants had admitted tenancy in their defence and respondent as landlord. West Pakistan Urban Rent Restriction Ordinance…