1991 PLP 1354 (SCMR)
FIDA MUHAMMAD — Petitioner Versus MUHAMMAD HAYAT — Respondent
| Citation | 1991 PLP 1354 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Abdul Qadeer Chaudhry |
| Parties | FIDA MUHAMMAD — Petitioner Versus MUHAMMAD HAYAT — Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1991 PLP 1354 (SCMR)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (VI of 1959) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1354 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Abdul Qadeer Chaudhry.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1354 (SCMR) (FIDA MUHAMMAD — Petitioner Versus MUHAMMAD HAYAT — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Malik, Advocate Supreme Court and Tariq Mahmood, Advocate -on-Record for Petitioner.
- S.A.M. Quadri, Advocate-on-Record for Respondent.
- Date of hearing: 22nd August, 1990.
- Khalid Malik, Advocate Supreme Court and Tariq Mahmood, Advocate -on‑Record for Petitioner.
- S.A.M. Quadri, Advocate‑on‑Record for Respondent.
- 4. Mr. Khalid Malik, Advocate, the learned counsel for the petitioner has contended that the receipts for the payment of rent were issued to the petitioner on the letter‑head bf the firm M/s. M. Hayat and Sons and in this manner the tenant bona fide believed himself to be the tenant of the firm. He also contended that the personal need of the landlord for his sons was not established. About the default, the same explanation was given as has been reproduced.
Headnotes / Summary
(From the judgment of High Court of Balochistan, Quetta, dated 2'7-12-1989 passed in FA.O. No.76 of 1989).
S.13(2)(i)(ii)(3)
Constitution of Pakistan (1973), Art.185(3)
Alleged default in payment of rent was not directly denied by tenant and as regards personal need of landlord in respect of property in dispute, two Authorities below had come to the conclusion that same was established and was bona fide-- No case having been made out for interference, leave to appeal was refused.
Judgment & Decree
S.A.M. Quadri, Advocate‑on‑Record for Respondent. Date of hearing: 22nd August, 1990. SHAFIUR RAHMAN, J: ‑‑The petitioner, a tenant, seeks leave to appeal against the judgment of the High Court of Balochistan, Quetta, dated 27‑12‑1989, whereby his appeal against an ejectment order passed by the Rent Controller, Quetta on 29‑6‑1989, was dismissed. 2. Muhammad Hayat, the respondent, sought the eviction of the petitioner on the ground that being a tenant of his deceased father Ghulam Qadir, he had failed to pay or tender rent due from May, 1986 and a sum of Rs. 210 was due from him as rent. He also pleaded the need of his sons for the property. The petitioner in reply to the eviction application *Sated that Ghulam Qadir had died intestate, that the respondent Muhammad Hayat had no interest in the property, that he had a privity of contract as a tenant with his landlord M/s. M. Hayat & Sons which is a firm. As regards the payment of rent, he stated that from June, 1986 onwards, Mr. War etc. who used to realize rent had obtained vegetables from a shop to the tune of Rs. 500 corrected to Rs. 430. The need of the sons was denied. 3. The Rent Controller framed the issues, found the denial of the landlord's title contumacious and the default and need for the sons established and ordered the eviction. The appeal failed. 4. Mr. Khalid Malik, Advocate, the learned counsel for the petitioner has contended that the receipts for the payment of rent were issued to the petitioner on the letter‑head bf the firm M/s. M. Hayat and Sons and in this manner the tenant bona fide believed himself to be the tenant of the firm. He also contended that the personal need of the landlord for his sons was not established. About the default, the same explanation was given as has been reproduced. 5. As it is no longer disputed that the petitioner was the tenant of Ghulam Qadir who was the father of the respondent, the mere fact, that the rent receipts were issued in the name of M/s. M. Hayat & Sons was not sufficient to justify the defence which was taken by the petitioner. As regards the relationship of landlord and tenant, this relationship also devolves on transfer of the property or comes into existence on agreement between the two parties and not merely by issuing receipt to one for the other or paying rent for one to someone else. There is nothing in the statement of the petitioner or otherwise to suggest that any such relationship independent of the devolution of the property had come into existence. His denial of the title was indeed unjustified. 6. The default has not been directly denied and the sort of the adjustment that is claimed is not available under the law condoning such default. 7. As regards the personal need, the two Authorities have come to the conclusion that it was established and it was bona fide. 8. No case is made out for our interference and leave to appeal is refused. H.B.T./F‑198/S Leave to appeal refused.