Case Details

Citation(s)
1980 SLG 3216 = 1980 SLD 3216 = 1980 CLC 1454
Lahore High Court
Second Appeal from original Order No. 368 of 1979, decided on 13th January, 1980.
Presented By: Muhammad Ilyas, J
Noor Hussain Chaudhary for Petitioner

MUHAMMAD DIN-Appellant

VERSUS

SHAUKAT ALI-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 30

Law: Civil Procedure Code (V of 1908)

Section: O. VI, r. 17

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Ejectment--Landlord serving a composite notice under S. 30 of Act XXVIII of 1958 on appellant giving him intimation regarding transfer of house and requiring him to pay rent--Respondent-landlord filing application for ejectment on ground of personal need after three months of notice and then amending application, with permission of Rent Controller, so as to include default in payment of rent on part of appellant and Rent Controller ordering tenant to deposit Rent Controller striking off defence on failure of appellant to deposit rent-Appellant tenant taking plea of ejectment application being premature--Held : Application in amended form pressing ground of default competent both at time when originally presented as well as when submitted in amended form hence not premature. (b) Civil Procedure Code (V of 1908) O. VI, r. 17 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-Amendment of pleadings-Code of Civil Procedure Not strictly applicable to proceedings before Rent Controller Procedural provisions contained in Rent Ordinance not exhaustive No illegality, held, committed by Rent Controller in following ' principles of said Code so far as not offending against provisions of Ordinance-Amendment of pleadings-Not barred under Ordi nance. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13-Ejectment-Appellant-tenant's plea as to his objection with regard to wrong description of property given in ejectment application by landlord-respondent being not decided by- Rent Controller-Appellant neither alleging in his reply to ejectment application as to portion of property sought to be ejected having belonged to him nor pleading relationship of landlord and tenant having not existed between parties in respect of entire property involved in ejectment proceedings-Plea of appellant relating to description of property, to circumstances, held, of little consequence. .                                …
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