Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), AR. 185(3)--Leave to appeal was granted to examine the question whether petitioners had committed willful default in payment of rent inasmuch as they had been admittedly depositing advance rent in the name of previous owner in rent case of 1973 and J in the name of respondent (subsequent landlord) in rent case of 19'74, and, alternatively, whether it was a case of technical default which was liable to be condoned. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-. ---S.13--Constitution of Pakistan (1.973), Art.185(3)--Tenants received subsequenr. landlord's notice that henceforth they should pay rent to him--Tenants who had by that time already deposited rent in the name of previous landlord up to a specked date: demanded copy of registered document so as to comply with their demand--Tenant's request was not complied with so they continued depositing advance rent iii the name of previous landlord--When pervious landlord showed tenants copy of transfer deed in favour of subsequent landlord, tenants had already deposited rent in advance--Tenant's, therefore, began depositing rent in the name of respondent (subsequent landlord)--Tenants could not be deemed to have made default in the payment of rent--Tenant's therefore, committed no default muchless wilful default--Default, in any case was a purely technical one which ought to have been condoned--Appeal allowed. Kamal Azfar Advocate Supreme court and Nizam Ahmad Advocate on-Record for Appellants, Usman Ghani Rashid, Advocate Supreme Court and Faizanul Haq, Advocate-on--Record for Respondent. Date of hearing: 11th January, 1989. JUDGMENT NAIMUDDIN, J.--This is an appeal by leave. Leave was granted to examine the question whether the petitioners had committed wilful default in payment of rent inasmuch as they had been admittedly depositing advance rent in the name of previous owner in Rent Case No. 1044/1973 and in the name of the respondent in Rent Case No.3181/1974, and, alternatively, whether it was a case of technical default which was liable to be condoned. The relevent facts, very briefly…

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