Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 11

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---S.13--Civil Procedure Code (V of 1908), O.VII, R.11(c)-­Constitution of Pakistan (1973), Art. 185(3)--Court-fee, deficiency in-­Appeal dismissed for want of requisite court-fee and on ground of appellant showing unwillingness to make up court-fee--Petitions pleading before Supreme Court that Appellate Court ought to have calculated correct court-fee and given time to make up deficiency as required by O.VII, R.11, C.P.C. within the rule laid down by Supreme Court--Leave to appeal granted to consider contention that Code of Civil Procedure being not applicable to the proceedings of rent cases, dictum in Siddique Khan v. Abdul Shakur Khan P L D 1984 S C 289 would not be attracted and where the District Judge had indicated that even if the time was given it would have been of no use, as the tenant had already shown his unwillingness to make up the deficiency of court-fee and this factor also distinguished the case from that of Siddiques case.   Shahid Hussain Kadri, Advocate Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. ORDER ASLAM RIAZ HUSSAIN, J.- Facts giving rise to this petition briefly are that the respondents 1 to 3 filed an application for ejectment of their tenant from shop No. 49-P in Gojra on the ground of default in payment of rent. The tenant (petitioner) denied the relationship of landlord and tenant. A preliminary issue was framed by the Rent Controller as to whether or not the relationship of landlord and tenant existed between the parties. After recording the evidence he declared the present petitioner to be the tenant, and since default was admitted, he was ordered to be evicted from the shop in question. Aggrieved by that order he preferred an appeal which was dismissed by the District Judge on 29 May 1985 on the ground that he had not affixed the requisite court-fee and further had not shown his willingness to make up the deficiency. He then filed a writ petition in which the High Court upheld the order of the District Judge and dismissed the writ petition. Hence the present petition for leave to appeal. Learned counsel for…

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