Case Details

Citation(s)
1983 SLG 434 1983 SLD 434 1983 SCMR 723
Supreme Court of Pakistan
Civil Petition No. K 119 of 1982, decision dated: 1st December, 1982.(From the order dated 25-02-1981 of the Sind High Court, passed in Second Rent Appeal No. 31 of 1981)
ABDUL QADIR SHAIKH AND M. S. H. QURAISHI, JJ
Munawar Ghani, Advocate Supreme Court instructed by M. Shabbir Ghaury, Advocate on-Record for Petitioner. Nemo for
Respondent

Syed ASGHAR ALI IMAM

VS

MUHAMMAD ALI

Law:

Section:

Constitution of Pakistan (1973)--- Art. 185 (3) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2)(i) Possession of premises said to have been delivered on 10th July, 1974 though according to written agreement, tenancy had commenced from 10tb June, 1974 Tenant paying six months rent in advance alongwith security deposit and also agreeing to pay six months advance rent, fifteen days before commencement of another term of six months Tenant not paying rent. after expiry of first six months Landlord filing ejectment application on ground of default ¬two questions arising in case First, whether agreement after efflux of first six months had expired and did no longer govern tenancy and secondly, whether security amount could be adjusted towards future rents Questions requiring consideration, leave granted. Syed Wahajul Hasanain RIM v. Dr. Zahir Hussain C. P. S. L. A. No. K 111 of 1981 ref. ORDER M. S. H. QURAISHI, J. This is the landlord's Petition for Leave to Appeal from the order of a learned Single Judge of the Sind High Court; whereby, in Second Appeal, an order of ejectment of the tenant passed by the' Rent Controller and affirmed in first Appeal was set aside and the ejectment Application of the landlord dismissed. 2. According to the written agreement between the parties, the tenancy had commenced from 10th June, 1974 though possession of the premises is said to have been delivered later, on 10th July, 1974, and six months advance rent at the rate of Rs. 1,100 per month had been paid along with a security deposit of Rs. 6,600. It was one of the conditions of the agreement that the tenant would pay another Rs. 6,600, as…
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