1983 PLP 773 (SCMR)
MAJOR (RETD.) A. S. K. SAMAD-Petitioner Versus LT: COL. (RETD.) A. HUSSAIN AND ANOTHER — Respondents
| Citation | 1983 PLP 773 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MAJOR (RETD.) A. S. K. SAMAD-Petitioner Versus LT: COL. (RETD.) A. HUSSAIN AND ANOTHER — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1983 PLP 773 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 773 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 773 (SCMR) (MAJOR (RETD.) A. S. K. SAMAD-Petitioner Versus LT: COL. (RETD.) A. HUSSAIN AND ANOTHER — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azhar Ali Siddiqi, Advocate Supreme Court. and Mian Shabbir Ghaury Advocate-on-Record for Petitioner.
- M. M. Pirzada, Advocate Supreme Court and Rashid Akhtar Qureihi, Advocate-on-Record for Respondents.
- Date of hearing : 8th November, 1982.
- Azhar Ali Siddiqi, Advocate Supreme Court. and Mian Shabbir Ghaury Advocate‑on‑Record for Petitioner.
- M. M. Pirzada, Advocate Supreme Court and Rashid Akhtar Qureihi, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the impugned judgment of Sind High Court, dated 29th August, 1982 in F. R. A. No. 253 of 1981).
Art. 185(3) read with Sind Rented Premises Ordinance (XVII of 1979), S. 16(2)-Ejectment proceedings-Failure of tenant to deposit rent in Court-Striking off defence of tenant-Leave to appeal granted to consider contention that tenant was depositing rent in Court regularly in earlier proceedings between parties and at best failure on his fact to deposit rent in present case was of technical nature and should not entail penalty under S. 16(2) of Ordinance.
Judgment & Decree
M. M. Pirzada, Advocate Supreme Court and Rashid Akhtar Qureihi, Advocate‑on‑Record for Respondents. Date of hearing : 8th November, 1982. ABDUL QADIR SHAIKH, J.‑The Rent Controller, Karachi by the order dated 19th February, 1981 struck‑off petitioner's defence in the ejectment proceedings filed by the respondents and directed him to hand over possession of the demised premises to the respondent landlords. Petitioner's plea that he was depositing rent in Court regularly in earlier proceeding between the parties, and thus there was no failure on his part to deposit rent in Court was not accepted. Petitioner's appeal to the Sind High Court was dismissed, and he now seeks leave to appeal. Since it has been shown that petitioner was depositing rent in Court in earlier proceedings and the amount was being withdrawn by respondents, learned counsel for the petitioner submits that, at best, the failure on petitioner's part to deposit rent in Court in the case concerned was of technical nature and should not entail penalty under subsection (2) of section 16 of thel Sind Rented Premises Ordinance, 1979. The point raised deserves consideration. Leave is granted ' and ' the petition is allowed. Security Rs. 1,
000. The appeal to be heard ors the present record at an early date. It is open to the parties to file additional documents, if any. The petitioner shall not be evicted from the demised premises till the appeal is decided, provided he continues to deposit rent in Court in the appropriate proceedings. Leave granted.