Case Details

Citation(s)
1982 SLG 866 1982 SLD 866 1982 PLD 652
Lahore High Court
Second Appeal from Original Order No. 367 of 1978, decided on 1st April, 1982. dates of hearing : 17th and 18th April, 1982
MAHBOOB AHMAD, J
Mian Iqbal Hussain for Appellant. Inayat Ullah for
Respondent

Mian ALAUDDIN AND ANOTHER ---Appellants

VS

RASHID AHMAD--Respondent

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13 (6)-Deposit of rent-Extension of time-Rent Controller-Not empowered to extend time for deposit of rent-Order extending time for deposit of rent, held, obviously without jurisdiction especially when no finding given as to default in complying with order under S. 13 (6) having occurred for reasons beyond control of tenant. Messrs Ansari Brothers v. Holy Trinity Church Trust P L D 1971 S C 700; Syed Ghulam Shah Bakhari v. Muhammad Saeed Akhtar 1972 S C M R 428 r Hayat All v. Miss Aziza Mahmood 1980 S C M R 298 ; Hashim Khan V. Ghulam Nabi and 7 others 1973 S C M R 112 ; Saeedan Bibi v. Ali Husain 1975 S C M R 261 and Ch. Muhammad Sharif v. Fazal-ur-Rahman and others 1982 CLC 384 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- 5. 13 (6)-Deposit of rent-Extension of time-Paucity of funds or poverty-No ground for holding non-deposit of rent having been beyond tenant's control-Tenant's statement before Rent Controller as to non-deposit being because he did not realize importance of order ­Proves default having been result of neglect on part of tenant-Tenant's plea as to receipt of salary belatedly neither established on record nor of any force for reason of tenant himself having stated before Rent Controller that on day he appeared in Court he possessed money and brought it for deposit-Deposit of rent being condition precedent to seeking any relief and such obligation having not been fulfilled by tenant, he, held, rightly adjudged to be wilful defaulter in complying with Controller's order and rightly ordered to be evicted. Hafiz All Muhammad v. Jamal Din and others P L D 1966 Lab. 934 ref. JUDGMENT This Second Appeal from Order calls in question the judgment of the learned First Appellate Court dated 30-4-1978 delivered in Civil Appeal preferred by the tenant-respondent Rashid Ahmad against the landlords ­appellants Mian Alauddin and another against his eviction from the property in dispute ordered by the learned Rent Controller, Lahore, by his order dated 31-3-1976. 2. The facts necessary for the purposes of this appeal, briefly stated, are that the appellants-landlords…
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