| Citation(s) |
|---|
| 2000 SLG 749 2000 SLD 749 2000 SCMR 247 2000 SLD 1161 2000 SCMR 247 |
Supreme Court of Pakistan
Civil Petition No.603-L of 1999, decision dated: 16-09-1999.
IRSHAD HASAN KHAN AND SH. IJAZ NISAR, JJ
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Civil Petition No.603-L of 1999, decision dated: 16-09-1999.
IRSHAD HASAN KHAN AND SH. IJAZ NISAR, JJ
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Lahore and anothers
VS
Messrs HABIB BANK LTD.
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(3) & (6)---Constitution of Pakistan (1973), Art. 185(3)---Bona fide personal need of landlord---Non-compliance of tentative rent order---Striking off defence---Rent Controller and Appellate Authorities had concurrently struck off defence of tenant for non-compliance of tentative rent order whereby tenant was directed to deposit future rent of premises from specified date---Concurrent findings of fact of Authorities below with regard to default in payment of rent by tenant based on record, could not be interfered with by Supreme Court---Petition for leave to appeal which otherwise was barred by four days was dismissed in absence of sufficient ground to condone said delay. Qadir Zaman Shah Temuri, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 16th September 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the order dated 12-2-1999 passed by learned Single Judge of the Lahore High Court, Lahore, dismissing S.A.O. No. 17 of 1999 in a rent matter. 2. The brief facts are that respondent Habib Bank Limited filed an ejectment petition under section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959, (hereinafter called the Ordinance) for the ejectment of the petitioners herein from the disputed rooms and garage (Property bearing No.S-83-R-I/R, Lake Road, Lahore) on the ground of bona fide personal need.. The petition was contested by the petitioners on various grounds. The learned Rent Controller vide order dated 4-7-1993 directed the petitioners to deposit the future rent with effect from July 1993 onward. The respondent moved an application under section 13(6) of the Ordinance for striking off the defence of the petitioners herein on the ground that they had failed to deposit the future monthly rent within the stipulated period for the months of October to December 1992, January and February 1994, July 1994, August 1994, November 1994 and April to November 1995. The petitioners contested the application and also…
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