Case Details

Citation(s)
1980 SLD 3094 = 1980 CLC 637
Lahore High Court
Second Appeal from Original Order No. 655 of 1976, decided on 22nd September, 1979.
Presented By: Aftab Hussain, J
Ch. Mazharul Haq for Appellant. Nemo for
Respondent.

RAFAQUAT ALI KHAN-Appellant

VERSUS

NAZIR AHMAD-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(2)

(a) west Pakistan Urban Rent Restriction Ordinance (VI of 1939) Ss. 13(3)(a) & 15-Ejectment-Personal need-Finding of Rent Controller against appellant (landlord) not challenged in first appellate Court-Appellant, held, cannot be allowed to urge anything against such finding in second appeal. (h) west Pakistani Urban Rent Restriction Ordinance (VI of 1939) S 13(2)(O--Ejec:ment-Default in payment of rent-Respondent's witnesses contradicting each other on point of issuing receipts by appellant for rent paid to him-First Appellate Court ignoring such contradictions-Finding of fact by first Appellate Court on such point, held, cannot be considered to be such a finding of fact as may be binding upon High Curt-Finding set aside in circumstances.-(Find ing of fact]. (c) west Pakistan Urban Rent Restriction Ordinance 9V1 of 19590 S. 13(2)(0-Ejectment-Default to payment of rent-Written agree ment fixing date and time of payment of rent existing-Respondent (tenant), held, became a defaulter if he did not pay rent within 15 days of such date. Date of hearing: 22nd September, 1979.                                                                                                                           JUDGMENT Learned counsel for the respondent has sent an application for an adjournment of the case on the ground that ht; will be out of Lahore on 22-9-1919. This is no ground for the absence the learned counsel or for his inability to make proper arrangement for representation. I, therefore, decline to adjourn the case. 2. The relevant facts are that by a rent deed (Exh. P. 2) dated 19-4-1969 the respondent obtained Shop No. 1'-1$6/W-4 between Anlilipura and Chiniot bazar known as 6aili Machhli Rani, Lyallpur (baisalatad) at a rent of Rs. 150 per month payable in advance on the 20th of each month, The appellant filed a petition for ejectment of the respondent from…
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