| Citation(s) |
|---|
| 1991 SLD 1547 = 1991 CLC 877 |
Lahore High Court
Writ Petition No.1044 of 1989, heard on 16th March, 1991.
Presented By: Before Irshad Hasan Khan, J
Tariq Chaudhry for C.A. Rehman for Petitioner. Syed Jamshed Ali for
Respondent. Date of hearing: 16th March, 1991.
Writ Petition No.1044 of 1989, heard on 16th March, 1991.
Presented By: Before Irshad Hasan Khan, J
Tariq Chaudhry for C.A. Rehman for Petitioner. Syed Jamshed Ali for
Respondent. Date of hearing: 16th March, 1991.
Malik MANZOOR AHMAD---Petitioner
VERSUS
SARDAR MUHAMMAD ---Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6)---Tenant while depositing rent under tentative rent order, did not mention the name of landlord in relevant columns of Challan Form, but instead inserted his own name in those columns---Such an omission could not be considered as a bona fide omission or clerical error in not complying with tentative rent order2-Mcrc fact that tenant gave title of parties in relevant columns of challan form would not cure the defect Major (R) A.S.K. Samad v. Lt.-Col. (Rtd). A. Hussain and others 1987 S C M R 1013; Syed Nawab Shah v. Mst. Maiccolan Khatoon P L D 1979 Lah. 618; Khawaja Ghulam Mustafa v. Mian Waqar Ahmad P L D 1980 SC 9 and Haji Allah Ditta v. Mst. Shahzadi Bilqis and another 1980 S C M R 41 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13(6) --- Constitution of Pakistan (1973), Art.199--- Constitutional jurisdiction, exercise of --- Concurrent finding of fact recorded by Courts below after careful appreciation -of relevant Challan Forms that tenant had not wilfully followed tentative rent order passed by Rent Controller, was not open to interference in exercise of Constitutional jurisdiction. Tariq Chaudhry for C.A. Rehman for Petitioner. Syed Jamshed Ali for Respondent. Date of hearing: 16th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 18-12-1988 ' passed by the district Judge, Gujranwala whereby he dismissed the appeal filed by the petitioner against the order dated 5-7-1988 passed by the learned Rent Controller, Gujranwala whereby the defence of the petitioner was struck off for wilfully violating the order passed under Section 13 (6) of the Punjab Urban Rent Restriction Ordinance, 1959 (hereinafter called the Ordinance). The facts relevant for disposal of this petition are that by order dated 30-7-1987, the petitioners were directed by the learned Rent Controller to deposit the future rent in respect of the disputed shop, situated in Ganj Manci, G.T. Road, Gujranwala at the rate of Rs..~25 per month before the 15th of each month. The petitioners have…