| Citation(s) |
|---|
| 1980 SLD 3068 = 1980 CLC 316 |
Lahore High Court
Second Appeal from original Order No. 432 of 1977, decided on 12th May, 1979.
Presented By: M. Mehboob Ahmad, J
Muhammad Shafi v. Iqbal Ahmad and another P L D 1965 Lah. 23 ref. Mian Iqbal Hussain for Appellant. Bashir Zajar for
Respondent.
Second Appeal from original Order No. 432 of 1977, decided on 12th May, 1979.
Presented By: M. Mehboob Ahmad, J
Muhammad Shafi v. Iqbal Ahmad and another P L D 1965 Lah. 23 ref. Mian Iqbal Hussain for Appellant. Bashir Zajar for
Respondent.
MRS. SULEMAN-Appellant
VERSUS
ABDUL GHAFOOR-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13 (6)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (6)Application for ejectment can he initiated by one landlord without impleading colandlords as party. Khalique Ahmad v. Abdul Ghani and another P L D 1973 S C 214 eel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1951) S. 13 (2j (i) read wide S. 13AProvision of S. 13A mandatory in formTenant cannot be deemed to have defaulted in payment of rent for purposes of S. 13 (2) (f) if rent due paid within thirty days of receipt of notice by landlordWoe is "rent due" in S. 13Alleld, mean due as on date of issue of notice.[Words and phrases]. (c) West Pakistan l5rban Rent Restriction Ordinance (VI of 1959) S. 13 read with PreambleEjectment for default in payment of rentFindings of Courts below suffering from misreading and nonreading' of record and nonapplication of mind to question whether order of ejectment would be in proper and legal exercise of discretion vested in themFacts and material brought out from evidence on record tending to create doubt as to alleged nonpayment of rent by tenantLandlord admitting that he never issued receipts for rent receivedFeatures of case warrant ing exercise of discretion in favour of tenantSuch exercise of discretion also in line with purposes of OrdinanceOrder of ejectment set aside. Date of hearing : 6th Match, 1979. JUDGMENT This appeal is directed against the judgment dated 30th June, 1977 delivered by the learned Additional District Judge, Lahore. 2. The facts necessary for the purposes of this appeal, briefly stated, are that respondent No. I filed an application for ejectment of the appellant and respondent No. 2, an alleged subtenant, from House No. 12, Street No. 9, Shama Road, New Mozang, Lahore. This petition was filed on 13th October, 1975 in…