Case Details

Citation(s)
2007 SLG 2567 2007 SLD 2567 2007 CLC 1135
Lahore High Court
Writ Petition No.2814 of 2006, decision dated: 27-03-2007.
MUHAMMAD MUZAMMAL KHAN, J

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GHULAM RASOOL

VS

REHMAN BAIG and another

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(6)---Order of deposit of future rent---Non-compliance of order---Effect---Non-compliance of such order leads to the only result that the defence of the tenant is struck off and he is directed to vacate the premises on rent with him. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6) [as added by West Pakistan Urban Rent Restriction Ordinance (XXX of 1960)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Final determination of rent---Order provisionally fixing the rent in event of dispute about its rate and deposit, would meet the result enumerated in S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Under the second part of said S.13(6), a statutory duty is cast on the Rent Controller to finally determine rent and to issue a direction that same be paid to the landlord subject to adjustment of the approximate amount, if deposited by the tenant---Order of Rent Controller requiring tenant to deposit future rent was not complied with in present case---Rent Controller, while accepting ejectment petition, found the landlord entitled to the arrears of rent from date of institution of ejectment petition, till vacation of the demised premises---Such finding was strictly in accordance with the law applicable---Tenant's application for dismissal of ejectment petition/recall of warrants of arrest issued against tenant by Executing Court, was rightly declined---No case for interference in constitutional jurisdiction of High Court, having been made out, petition was dismissed. Syed Akhlaque Hussain v. Habib Ismail Bajwa, Advocate 1974 SCMR 504 ref. Mian Sajid Ali Shad for Petitioner. Nemo for Respondent No.1. ORDER MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition assailed the judgments/orders dated 14-3-2003 and 16-1-2006 passed by the learned Rent Controller, Lahore to be declared illegal, void and of no legal consequence, whereby, non-bailable warrants of the petitioner were issued and his revision petition was dismissed, respectively. 2. Succinctly, relevant facts are that respondent No.1 filed an ejectment…
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