Case Details

Citation(s)
1980 SLG 3097 = 1980 SLD 3097 = 1980 PLD 302
Lahore High Court
Second Appeal from Original Order No. 201 of 1971, decided on 27th November, 1979. ..
Presented By: Khurshid Ahmad, J
Sh. Zia Ullah for Appellant. Nemo for
Respondents.

Sh. BASHIR AHMED-Appellant

VERSUS

NISAR AHMAD AND ANOTHER-Respondents

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(6)

Law: Civil Procedure Code (V of 1908)

Section: O. VII, r. 7

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6) Security amount adjustable towards rentHeld, to be taken into consideration while passing order under S. 13(6) or determining of default innoncompliance of order. Zubeda Begum v. Mumtaz Hassan P L D 1975 Lah. 1504 and Muhammad Amin v. Ahmad Bakhsh P L 1;) 1976 Lah. 1302 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)             S. 13 and Civil Procedure Code (V of 1908); O. VII, r. 7Cause of actionMaturing of cause of action during pendency of petition, altogether different from accrual of fresh cause of action during pendency of appealTenant subletting property during pendency' of petition. fresh eviction petition for such cause to be filed and cannot be considered in pending petition. [Cause of action]. Date of hearing : 10th November, 1979.                                                                                                                 JUDGMENT KHURSHID AHMAD, J.This appeal is directed against the order of the learned Additional District Judge, Faisalabad, dated the 5th June 1971 by which the order of the learned Rent Controller, dated the 1st May 1970 was upset. . 2. Briefly stated the facts of the case are that on 2451966 the appellant filed a petition for eviction of the respondent from Shop No. P9, Ward No. 3, near Jamia Masjid, Kutchery Bazar, Faisalabad which is in his occupation on a monthly rent of Rs. 6'0. The application was originally filed against Nisar Ahmad respondent No. 1 and the application proceeded on the ground of default from January to May 1960 and another ground for subletting of the same to some other person as an occupant. On 4121963 a sum of Re. 2,000 had been advanced by the respondent: according to which Rs. 30 was to be adjusted towards the monthly rent, and Rs. 30 towards the said…
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