Case Details

Citation(s)
1980 SLG 3304 = 1980 SLD 3304 = 1980 CLC 2015
Lahore High Court
Second Appeal No. 438 of 1978, decided on 18th March, 1980,
Presented By: M. Mehboob Ahmad, J
Muhammad Daud v. Abbas Ali P L D 1975 Lah. 699 ref. Ghulam Hasan khan v. Rashid Ahmad P L D 1967 Kar. 35 rel. M. Bashir Malik for Appellant. Amir Alam Khan for
Respondent.

Mst. NASIRA BEGUM--Appellant

VERSUS

SARDAR BEGUM-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15(4)

Law: Civil Procedure Code (1908)

Section: O. XL1, r. 1 & O. XLII, r. 2

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 15 (4) read with Civil Procedure Code (V of 1908), O. XL1, r. 1 & O. XLII, r. 2 [as amended by Lahore High Court]Appeal to High CourtProvisions relating to appeals in Code of Civil Proce dure applicableAppeal preferred without certified copies of orders of Appellate Authority and Rent Controller, held, not properly consti tuted hence not maintainable. Date of hearing : 18th March, 1980.                                                                                                                     JUDGMENT This Second Appeal from Order is directed against orders, dated 2nd February, 1978 and 2nd July, 1978 respectively passed by the learned Rent Controller, Lahore and the learned Additional District Judge, Lahore. 2. Briefly stated, the facts of that case are that Mst. Sardar Begum respondent made an application under section 13 (6) of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) in the Court of the Rent Controller, Lahore for ejectment of the appellant from the premises in dispute on the ground of default in the payment of rent for the period December, 1976 to May, 1977 as also on the grounds of requirement of the premises in question for bona fide personal use and occupation and of causing damage to the property whereby its value has been impaired. 3. The application for ejectment was resisted by the appellant. The learned Rent Controller by his order, dated 11th October, 1977 directed the appellant to deposit the arrears of rent for the period December, 1976 to September, 1977 at the rate of Rs. 160 per month before 31st October, 1977 and also to deposit future monthly rent at the rate of Rs. 160 per month before the 15th of each succeeding month. 4. The respondent made an application before the Rent Controller stating that the appellant had not complied with the order of the…
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