| Citation(s) |
|---|
| 1981 SLG 3228 = 1981 SLD 3228 = 1981 CLC 1364 |
Court of Special Judge, Karachi
Second Appeal No. 166 of 1976, decided on 15th November, 1980.
Presented By: Z. C. Valliani, J
Nizam Ahmad for Appellants. M. M. Mahmoodi for
Respondent.
Second Appeal No. 166 of 1976, decided on 15th November, 1980.
Presented By: Z. C. Valliani, J
Nizam Ahmad for Appellants. M. M. Mahmoodi for
Respondent.
MUHAMMAD RAFI AND 6 OTHERS---Appellants
VERSUS
MUHAMMAD IDRIS-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(2), 15(4)
Law: Civil Procedure Code (V of 1908)
Section: 100
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (2)-Ejectment-Discretion-Tenant alleging long-established ' practice of rent being paid in lump sum as and when demanded but rent receipts produced by him showing some arrears remaining out standing even at time of each periodical payment of rent in lump sum-Lower Courts exercising discretion in favour of tenant and rejecting application for his ejectment -Tenant, held, wilful defaulter can ground of having been waiting for landlord's men to collect rent and both lower Courts failed to exercise discretion judicially. Waris Ali Tirmizi v. Mst. Liaqat Begum. 1980 S C M R 506 and 601 re1. Riaz Ali v. Shabbir Ahmad Khan 1971 S CM R 598 ; Umar Din v. Ghulam Jilani Shah P L D 1976. Lah. 567 ; Mohammad Alimullah v. Ziaul Islam P L D 1973 Kar. 56; Abdul Rashid v. Saleh Muhammad 1980 S C M R 506 ;…