Case Details

Citation(s)
1980 SLG 222 1980 SLD 222 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, decision dated: 9-01-1980. (On appeal from the judgment and order of the High Court of Sindh dated 16-05-1979, in Second Appeal No. 63 of 1974).
DORAB PATEL AND MUHAMMAD HALEEM, JJ
Sadiq Ali Khoja, Advocate and Faizanul Haq, Advocate on-Record. Nemo.

Smt. VIDAYABAI AND OTHERS

VS

MOORAJMAL

Law:

Section:

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. 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 respondent 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 Sindh High Court and this appeal was dismissed on the basis of a concession made by learned counsel. Hence this petition for leave. The petition is pressed on the ground that the learned counsel of the petitioners had no authority to compromise the appeal on their behalf and on the further ground that the…
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