| Citation(s) |
|---|
| 1998 SLG 715 1998 SLD 715 1998 SCMR 1340 |
Supreme Court of Pakistan
Civil Petition No. 117 of 1995, decision dated: 7-06-1995
SAIDUZZAMAN SIDDIQUI, FAZAL ILAHI KHAN AND MUKHTAR AHMAD, JUNEJO, JJ
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Civil Petition No. 117 of 1995, decision dated: 7-06-1995
SAIDUZZAMAN SIDDIQUI, FAZAL ILAHI KHAN AND MUKHTAR AHMAD, JUNEJO, JJ
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Mst. RASHIDA RANI and anothers
VS
Mst. AZIZ BEGUM
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3)---Petition for leave to appeal---Such petition was barred by 93 days for which no cogent explanation was offered---Impugned order passed by the High Court was a consent order and the petitioner not only acted in 'said order but also derived benefit under the same---Petition was dismissed in ~'y circumstances. Petitioners in person, Nemo for Respondent. Date of hearing: 7th June, 1995. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The petitioners who were tenant of respondent in respect of House No.B/506, Street No.24, Naya Mohallah, Rawalpindi, were ordered to be evicted by the Rent Controller, Rawalpindi, in an ejectment case filed on the grounds of default in payment of rent, damage to the rented premises and personal and bona fide requirement of the premises by the respondent, on account of non-compliance of the direction of Rent Controller passed under section 13(6) of Rent Restriction Ordinance. The petitioners were required to deposit the arrears of rent as well as the current monthly rent under the orders of Rent Controller dated 2-9-1993, before 7-11-1993 and 15th of each month respectively. The petitioners moved the Rent Controller for review of the tentative rent order dated 2-9-1993 on 12-10-1993 which was dismissed on 3-11-1993. The petitioners in spite of dismissal of their application for review of tentative rent order failed to comply with the order dated 2-9-1993, resulting in the striking of their defence in the case. The Rent Controller as well as the first appellate Court did not accept the explanation offered by the petitioners for the default in compliance with the order dated 2-9-1993. The learned Judge in Chambers of Lahore…
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