Case Details

Citation(s)
1979 SLG 347 1979 SLD 347 1979 PLD 618
Lahore High Court
Second Appeal from Original Order No. 543 of 1978, heard on 5th February 1979. Date of hearing: 5th February 1979.
MUHAMMAD RYAS, J
Syed Muhammad Naqi for Appellant. Hidayat Ali Talb for
Respondents.

Syed NAWAB, SHAH er

VS

Mst. MAJEEDAH KHATOON AND OTHERS --Respondents

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13(6) Ejectment on ground of default in payment of rent:-- Tenant depositing arrears of rent and future rent in terms of direction of Rent Controller Mere fact that in challans for deposit of rent tenant entering name of predecessor in interest of landlord instead of mentioning their names Does not justify conclusion that be failed to comply with direction of Rent Controller especially wben said direction or provisions of S. 13(6) not specifically requiring him to make deposit in names of successor landlords Rent Contrqller, after disposal of ejectment application, allowing succesor landlords to withdraw such amounts Held, case not a fit one for striking off defence of tenant and ordering his ejectment. JUDGMENT This is a second appeal against an order for the ejectment of the appellant, Syed Nawab Shah, from a shop belonging to the respondent. Mst. Majeedah Khatoon and eight others. 2. The said order was made on an application, under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, hereinafter referred to as the Ordinance. The Rent Controller, who was seized of that application made an order on 6th April 1977, under subsection (6) of section 13 of the Ordinance, directing _ the appellant to deposit arrears of rent before 10th May 1977, and the future monthly rent before the 15th of the month next following the one for which it could become payable. The appellant did make the deposits as directed but in the name of Dr. Abdul Majeed, who was the predecessor in interest of the respondents, and not in the name of the respondents, The learned Rent Controller, therefore struck off his defence and ordered his ejectment. The appellant went in appeal before an Additional District Judge but without success. Hence this second appeal. 3. The appellant got the shop in dispute on lease from Dr. Abdul Majeed" On the death of Dr. Abdul Majeed, the respondents inherited the shop and thus became its owners. Learned counsel for the appellant contended that before the filing of the ejectment application by the respondents, the appellant had been depositing rent in the office of the learned…
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