Case Details

Citation(s)
1982 SLG 760 1982 SLD 760 1982 PLD 398
Supreme Court of Pakistan
Civil Appeal No. 199 in Civil Petition for . Special Leave to Appeal No. 417 of 1980, decision dated: 14-06-1982.
NASIM HASAN SHAHABDUL KADIR SHAIKH AND MIAN BURHANUDDIN, JJ
Abdul Majid Sheikh, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Appellant. Ghulam Haider Alghazali, Advocate Supreme Court and. Rana Maqbool Ahmad Qadri, Advocate-on-Record.

MUHAMMAD ASHRAF KHAN

VS

Mst. PAHMIDA KHANUM

Law:

Section:

(p) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----) S. 13(6)---Extension of time for deposit of rent Tenant appellant granted 18 days by order- dated 22-1-1974 , within which arrears of rent ordered to be deposited-Operation of such order suspended by Additional District Judge on 6-2-1976 but appeal ultimately failing­ Held: Original order dated 22-1-1974 got restored after dismissal of appeal-Fifteen days having already gone by out of period granted for depositing rent and only 3 days having remained, deposit could only be made within such 3 days, i.e. up to 27-2-1976 and Rent Controller could not extend such time. Messrs Ansarl Brothers v. Holy Trinity Church Trust P L D 1971 S C 700 ; Shah Wall v. Ghulam Din alias Gaman P L D 1966 S C 983 ; Murad Ahmad and others v. Bashir Ahmad P L D 1973 Lab. 481 ; Muhammad Shabbir and others v. Bashir Ahmad 1974 S C M R 24 ; Holy Trinity Church Trust v. Messrs Ansari Brothers P L D 1963 Lab. 489 and Haji Ishtiaq Ahmad and others v. Bakhshaya and others 1976 S C M R 420 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13(6)-Failure to deposit rent-Bona fide mistaken view­ Contention as to default being unintentional, tenant appellant being under impression that after dismissal of his appeal Rent Controller had to pass a fresh order for deposit of rent-Law on question having already been sufficiently classified by Supreme Court, conduct of appellant in not depositing arrears of rent within time left over in time granted. for such purpose, held, cannot be regarded as bona fide. Messrs Ansari Brothers v. Holy Trinity Church Trust P L D 1971 S C 700 ; Holy Trinity Church Trust v. Messrs Ansari Brothers P L D 1963 Lab. 489 and Khurshid Akbar v. Mian Manzur Ahmad crud another Civil Appeal No. 69 of '1974 ref. JUDGMENT NASiM HASAN SHAH, J: This appeal by leave of this Court is . directed against the judgment passed on 16-2-1980 by a learned Singe Judge of. The Lahore High Court in S. A. O. No. 213 of 1977. The facts briefly are that the respondent filed a petition for ejectment of the appellant from House No. K/107-B, Samanabad; Lahore, on the grounds of default in payment of rent and…
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