Case Details

Citation(s)
1980 SLD 3028 = 1990 CLC 418
Lahore High Court
Second Appeal from Original Order No. 65 of 1972, decided on 25th June, 1979.
Presented By: Aftab Hussain, J
Jariullah Khan for Petitioner. Ehsan-ul-Haq ChaudhrY for
Respondent.

MUHANIMAD USMAN (REPRESENTED BY LEGAL HEIRS)-Appellant

VERSUS

BEGUM BILQEES NAZIR AHMAD-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 (6), 15

Law: Civil Procedure Code (V of 1908)

Section: O. XL11, r. 1

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 (6)-Deposit of monthly rent before the 15th, held, does not mean 'by the 15th'-[Visumal Charumal Khilnani v. Ali Bakhsh and others P L D 1968 Kar. 521 and Sarfraz Khan v. Mohammed Abdul Rauf P L D 1969 Kar. 176 dissented from]. [p. 420]A Visumal Chatumal Khilnani v. Ali Bakhsh and others P L D 1968 Kar. 521 and Sarfraz Khan v: Mohammed Abdul Rauf P L D 1969 Kar. 176 dissented from. (h) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 15 read with Civil Procedure Code (V of 1908), O. XL11, r. 1 Limitation period for second appeal extending up to 18th January, 1972 after excluding period spent in obtaining copy of order of District Judge but appeal filed on 15th January, 1972 without certified cop), of Rent Controller's order-Rent Controller's order obtained after expire of limitation period on 10th February, 1972 and filed on 15th 1=ebruary, 1972-Held, appellant not entitled to compute period spent in obtaining certified copy of Rent Controller's order and appeal barred by time-Limitation Act (1X of 1908). S. 12. Date of hearing : 25th June, 1979.   JUDGMENT This is an appeal against the order of Malik Gulbaz Khan, District Judge, Lahore, dated 3rd December, 1971, which was passed by him under section 15 of the West Pakistan Urban Rent Restriction Ordinance. 2. Briefly, the facts are that respondent submitted an application for ejectment of Mohammed Usman on grounds of default in the payment of rent from July 1969 to the date of application (12th January, 1970), failure to abide by the conditions of the tenancy, making alterations in the property without consent of the landlord and requirement of the premises in good faith for personal use of the landlord and her children. 3. On the 2nd of July, an order under section 13 (6) of the above Ordinance was passed by the rent controller directing the appellant to deposit the arrears of rent amounting to Rs. 5,40Q by the 2nd of September, 1970 and to continue depositing the future rent including the rent for the month of July, 1970 before the l 51.h of each succeeding month. 4. An application for striking…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register