| Citation(s) |
|---|
| 1966 SLG 5367 = 1966 SLD 5367 = 1966 PLD 934 |
Lahore High Court
Second Appeal from order No. 325 of 1963, decided on 8th March 1966.
Presented By: A. S. Faruqui, J
D. M. Awan for Appellant. A. S. Salam for
Respondents.
Second Appeal from order No. 325 of 1963, decided on 8th March 1966.
Presented By: A. S. Faruqui, J
D. M. Awan for Appellant. A. S. Salam for
Respondents.
Hafiz ALI MUHAMMAD-Appellant
VERSUS
JAMAL DIN AND OTHERS-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13(6)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- -----S. 13 (6)-Provision to be strictly construed Provision in respect of deposit of rent is essentially designed to protect interest of landlord-Controller failing to order deposit of rent before framing of issues-Violation of mandatory requirements of S.13(6) Controller by mistake failing to order deposit of rent before framing of issue, may pass such order subsequently. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- ---S. 13 (6)-Tenant denying relationship of landlord and tenant or raising objection that Controller has no jurisdiction-- Controller to decide such objection and if objection is rejected, he will direct tenant to deposit arrears of rent and future monthly rent. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- ----S. 13 (6)-Tenant disputing only amount of rent-Relation ship of landlord and tenant established. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- ----Ss. 4 h 13 Joint application for fixation of rent and ejectment-Controller can order tentant to deposit rent in Court. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- ----S. 13(6)-Poverty and lack of funds-Not circumstances upon which plea of absence of wilful default can be urged-Plea can be raised if tenant was prevented by superior force or by events beyond his control. Date of hearing : 22nd February 1966. JUDGMENT This is an appeal under section 15 (4) of the West Pakistan Urban Rent Restriction Ordinance, 1959 against the order dated 9th September 1963 of Mr. Saad Saood Jan, District Judge, Rahimyar Khan acting as the appellate authority under the said section, who in his turn had upheld the order of the Rent…