Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art.185(3)--Eviction of tenant on ground of default in payment of rent--Leave to appeal was granted to consider whether the amount of security deposit lying with landlord, could be adjusted against the rent for the default period. Mst. Zubaida Begum v. Mirza Mumtaz Hassan P L D 1975 Lah. 1504 and West Pakistan Co-operative Consumer Society, Lahore v. Messrs Mian Muhammad Farooq P L D 1978 Lah. 28 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Adjustment of security deposit against rent for the default period--Even if security deposit could be adjusted towards rent due, the same was not enough to cover the entire default-­Rent deed showed that such security could not be adjusted against the rent due-­No conflict of law existed on adjustment of security, same having been resolved by of the Supreme Court in Zarina Khawaja's case reported in P L D 1988 S C 190. Zarina Khawaja v. Mahboob Shah P L D 1988 S C 190 rel. Sh. Hamid Mukhtar, Advocate Supreme Court for Appellant. Munir Piracha, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Respondent. Date of hearing: 12th October, 1988. JUDGMENT MU14AMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment dated the 26th January, 1979 of the Lahore High Court; whereby appellant's second appeal arising out of the order of his eviction from the suit premises on ground of default in payment of rent, was dismissed. The point noted for examination in the leave grant order was whether the security deposit of Rs.1,000 lying with the landlord (respondent) could, in the circumstances of this case, be adjusted against the rent for the default period. The two reported cases, namely, Mst. Zubaida Begurn v. Mirza Mumtaz Hassan (P L D 1975 Lah. 1504) and West Pakistan Cooperative Consumer…

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