Case Details

Citation(s)
1982 SLG 150 1982 SLD 150 1982 SCMR 88
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1506 of 1980, decision dated: 13-12-1980.(On appeal from the judgment and order of the Lahore High Court dated 25-10-1980 in Writ Petition No. 7270 of 1968)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
M. A. Zafar, Advocate Supreme Court and Muhammad Aslam, Advocate-on-Record for Petitioner. Nemo for
Respondent.

KALEY KHAN

VS

JAMIA MASJID AKSE JAMIL

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13(6)-Default in payment of rent-Striking off defence-Counsel for petitioner leaving Court of Rent Controller for some time with permission but never coming back to find out orders passed in case-Case, held, one of clear negligence on part of counsel as well as client and Rent Controller fortified in striking off defence Leave to appeal. refused-Constitution of Pakistan (1973), Art. 185 (3). ORDER KARAM ELAHEE CHAUHAN, J.-Respondent/landlord filed an application for ejectment of the tenant/petitioner from the property in dispute. In that case the petitioner was required to deposit the arrears of rent and also the future rent but as this order was not complied with, the defence of the petitioner was struck off on 17-9-1978 and his eviction was ordered. The petitioner filed an appeal against the same which was dismissed by the learned Additional District Judge on 2-1-1980. He filed a second appeal being S. A. O. No. 199/80, which however, abated on 25-6-1980 due to the change of the law on the subject. 2. At that stage the petitioner filed a constitutional petition being P. W. 7270/80 but without any success as the same was dismissed by the High Court on 25-10-1980. The petitioner has now come up in a petition for…
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