| Citation(s) |
|---|
| 1980 SLG 3048 = 1980 SLD 3048 = 1980 SCMR 267 |
Supreme Court of Pakistan
Civil Appeal No. K-1 of 1980 in Civil Petition for Special Leaver to Appeal No. K-214 of 1979, decided on 9th January, 1980. (On appeal from the judgment and order of the High Court of Sind dated 16th May, 1979, in Second Appeal No. 63 of 1974).
Presented By: Dorab Patel and Muhammad Haleem, JJ
Sadiq Ali Khoja, Advocate and Faizanul Haq, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Civil Appeal No. K-1 of 1980 in Civil Petition for Special Leaver to Appeal No. K-214 of 1979, decided on 9th January, 1980. (On appeal from the judgment and order of the High Court of Sind dated 16th May, 1979, in Second Appeal No. 63 of 1974).
Presented By: Dorab Patel and Muhammad Haleem, JJ
Sadiq Ali Khoja, Advocate and Faizanul Haq, Advocate-on-Record for Petitioners. Nemo for
Respondent.
Smt. VIDAYABAI AND OTHERS-Petitioners
VERSUS
MOORAJMAL-Respondent
Law: Civil Procedure Code (V of 1908)
Section: O. XXXII, r. 7
Law: Constitution of Pakistan, 1973
Section: 185
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13
Civil Procedure Cede (V of 1908) O. XXXII, r. 7-Principle of equity enshrined in r. 7 of O. XXXII, C. P. C. Held, should be followed is rent cases Submission of petitioner accepted, petition converted into appeal and allowed Constitution of Pakistan (1973), Art. 185 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. Date of hearing: 9th January, 1980. ORDER DORAB PATEL, J.-The petitioners are the - heirs of one Jiandmal, who was a tenant of the respondent. In the events that happened, the respond6nt filed an application for Jiandmal's eviction on the ground of non-payment of rent. Jiandmal died during the pendency of the application, therefore, the' petition was contested by the petitioners and the eviction application was dismissed by the Rent Controller, Jacobabad by his order dated 16-3-1972. The respondent challenged the Rent Controller's order in an appeal in the District Court, which was allowed .by a learned, Additional District Judge, Jacobabad on 14-2-1974. Therefore, the petitioners had filed a second appeal in the Sind High- Court and this appeal was dismissed on the basis of a concession made by…