| Citation(s) |
|---|
| 1980 SLG 3125 = 1980 SLD 3125 = 1980 PLD 298 |
Supreme Court of Pakistan
Civil Appeal No. K90 of 1978, decided on 30th August 1980. (On appeal from the judgment and order of the High Court of Sind, Karachi, dated 21st of April 1973 in Second Appeal No. 213 of 1973).
Presented By: Dorab Patel, Actg. C. J., Muhammad Haleem, Naslm Hagan Shah and Abdul Kadir Shaikh, JJ
G. H. Malik, Advocate and A. Aziz Khan, AdvocateonRecord for Appellant. Rahimtoola, Advocate and A. Aziz Dastagir, AdvocateonRecord for
Respondent.
Civil Appeal No. K90 of 1978, decided on 30th August 1980. (On appeal from the judgment and order of the High Court of Sind, Karachi, dated 21st of April 1973 in Second Appeal No. 213 of 1973).
Presented By: Dorab Patel, Actg. C. J., Muhammad Haleem, Naslm Hagan Shah and Abdul Kadir Shaikh, JJ
G. H. Malik, Advocate and A. Aziz Khan, AdvocateonRecord for Appellant. Rahimtoola, Advocate and A. Aziz Dastagir, AdvocateonRecord for
Respondent.
MUHAMMAD YOUSUFAppellant
VERSUS
ABDULLAHRespondent
Law: Contract Act (IX of 1872)
Section: 74
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 6, 7, 13(2)(i)
Law: Transfer of Property Act (IV of 1882)
Section: 116
(a) Contract Act (IX of 1872) S. 74 Breach of contractCompensation Lessee depositing a certain sum with lessor by way of security and agreeing for confiscation of such amount in case of lessee's failure to pay rent for consecutive three monthsNo damage alleged to have been caused to demised premises at time of expiry of leaseProvision for compensation, held, hit by S. 74, Contract Act, 1872 and lessee's deposit liable to be adjusted against rent due from himWest Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13.[Compensation]. Syed Shafiuddin v. Abdul Hakim Khan P L D 1978 Kar. 149 not approved. The Trustees of the Port of Karachi v. Ghulamali Habib Ra jee P. L D 1961 Kar. 623 and Province of West Pakistan v. Messrs Mlstri Patel & Co. and another P L D 1969 S C 80 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 6, 7 & 13 LeaseIllegal stipulationsLease deed stipulating landlord's (lessor's) entitlement to confiscate security deposit made by lessee in case of lessee's failure to pay rent for three consecutive months or if he failed to give vacant possession to lessor at time of termination of tenancyOrdinance VI of 1959 having expressly prohibited landlord from raising anything in excess of fair rent and having specified grounds of eviction of tenants, both such stipulations, held, illegal and not enforceable. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)r Ss. 4, 6, 12 & 13 read with PreambleLeaseIllegal stipulationsLessee agreeing 'to conditions of being liable to pay penal interest in case of rent being not paid on or before date fixed for payment, or not to approach any authority for fixation of fair rent and to be liable to pay damages if he approached any authority for such purpose, or to forego demand for repairs, or handover vacant possession of premises at time of determination of lease Such conditions, held, illegal in view of provisions of Ss. 6, 4, Preamble, 12 & 13 respectively of Ordinance VI of 1959. (d) Transfer of Property Act (IV of 1882) S. 116 Lease, determination ofNo agreement being possible without consent of parties,…