| Citation(s) |
|---|
| 1981 SLG 534 1981 SLD 534 1981 SCMR 952 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 592 of 1979, decision dated: 19th November 1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-6-1979 in S. A. O. No. 633 of 1978)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
A. K. Dogar, Advocate Supreme Court of Pakistan with Sh. Abdul Karim, Advocate-on-Record for Petitioners. Taufiq A. Kureishy, Advocate-on-Record for
Respondent.
Civil Petition for Special Leave to Appeal No. 592 of 1979, decision dated: 19th November 1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-6-1979 in S. A. O. No. 633 of 1978)
ASLAM RIAZ HUSSAIN AND KARAM ELAHEE CHAUHAN, JJ
A. K. Dogar, Advocate Supreme Court of Pakistan with Sh. Abdul Karim, Advocate-on-Record for Petitioners. Taufiq A. Kureishy, Advocate-on-Record for
Respondent.
MUHAMMAD BAQIR QURESHI
VS
Mst. RAZIA BEGUM
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3)-Whether failure to pay advance rent as agreed to by tenant with landlord amounts to default in payment of rent-Leave to appeal granted to examine question. ORDER KARAM ELAHEE CHAUHAN, J.-Learned counsel has argued that under, the West Pakistan Urban Rent Restriction Ordinance VI of 1959, no eviction of a tenant can be ordered if he fails to make payment of rent in advance , even though this was the agreement between the parties. He submits that despite the existence of any such agreement - the Ordinance takes note of default only not paid up to sixty days from the date it was due which date always is the end of the relevant month and not any date in advance thereof. For this proposition he relies upon Iltaf Hussain v. Taib Hussain ( P L D 1977 Lah. 110)and…
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