Case Details

Citation(s)
1982 SLG 394 1982 SLD 394 1982 SCMR 616
Supreme Court of Pakistan
Civil Petition No. 1087 of 1981, beard on 6-12-1981.(Against the order of the Lahore Nigh Court dated 17-11-1981 passed in W. P. No. 5384 of 1981)
ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
Ch. Mushtaq Masood, Advocate Supreme Court with Mehdi Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.

GULZAR AHMAD PIRZADA

VS

ADDITIONAL DISTRICT JUDGE, LAHORE AND 2 OTHERS

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13(6)-Default-Defence, striking off-Tenant an Advocate delaying deposit of rent, as ordered by Rent Controller, for more than one month-Contention as to delay of only one day in each case being due to misunderstanding on part of petitioner with regard to time of payment, default could not be termed as deliberate disobedience of Rent Controller's order-Defaulter being an Advocate cannot be assumed to have misunderstood order in question and as such his plea not sustainable. Ch. Muhammad Siddiq v. Muhammad Rashid 1982 S C M R 536 distinguished. ORDER ASLAM RIAZ HUSSAIN, J.-The petitioner has sought Leave to Appeal against the judgment of the Lahore High Court dated 17-11-1981 in a rent case. The petitioner had taken on rent a portion of Property No. S. 60/R-17, commonly known as 4-Mozang Road, Lahore, from Sayed Naeem Ahmad respondent No. 3 on a rent of Rs. 250 per month. The landlord filed an application for his ejectment on various grounds. The learned Rent Controller vide his order dated 31-3-1979, ordered the petitioner to deposit the rent under section 13(6) of the Rent Restriction Ordinance, before the 15th of every succeeding month. Issues were then framed on the basis of the pleadings of the parties and evidence was led. After the parties had concluded their evidence and arguments were heard, the respondent-landlord filed an application for striking off the petitioner's defence on the ground that he had not deposited the rent for 7 months, in time, and was late by one day in each case. The learned Rent Controller heard the learned counsels…
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