1981 PLP 1393 (CLC)
FAZAL KARIM ‑‑Appellant Versus MUHAMMAD USMAN‑‑Respondent
| Citation | 1981 PLP 1393 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Sajjad Ali Shah, J |
| Parties | FAZAL KARIM ‑‑Appellant Versus MUHAMMAD USMAN‑‑Respondent |
| Primary Law | (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1393 (CLC)?
This judgment primarily cites: (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1393 (CLC)?
The case was heard and decided by the Karachi bench comprising: Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1393 (CLC) (FAZAL KARIM ‑‑Appellant Versus MUHAMMAD USMAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Kazi for Appellant.
- Mansoorul Arfin for Respondent.
- Dates of hearing : 27th and 31st August, 1980.
Headnotes / Summary
‑‑ Civil Procedure Code (V of 1908)‑‑Rent Controller, held, not a Court and not bound by procedure prescribed in Civil Procedure Code, 1908 ‑Intention of Ordinance (VI of 1959) stated. Rent Controller is not a Court. He conducts inquiry in a quasi-judicial manner and not bound by Civil Procedure Code. He has wide discretion to conduct inquiry but that discretion is to be exercised in a judicial manner in accordance with principles of natural justice. Intention behind Ordinance (VI of 1959) is manifestly clear that proceedings are intended to be free from legal and procedural intricacies in order to be short and uncomplicated. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑ S. 13 (3) (a)‑Ejectment‑‑Personal requirement‑Evidence produced snore than sufficient to prove claim of landlord qua his personal requirement of property‑‑‑Appeal against order of eject ment on such score dismissed.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑
‑‑ Civil Procedure Code (V of 1908)‑‑Rent Controller, held, not a Court and not bound by procedure prescribed in Civil Procedure Code, 1908 ‑Intention of Ordinance (VI of 1959) stated. Rent Controller is not a Court. He conducts inquiry in a quasi-judicial manner and not bound by Civil Procedure Code. He has wide discretion to conduct inquiry but that discretion is to be exercised in a judicial manner in accordance with principles of natural justice. Intention behind Ordinance (VI of 1959) is manifestly clear that proceedings are intended to be free from legal and procedural intricacies in order to be short and uncomplicated. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑ S. 13 (3) (a)‑Ejectment‑‑Personal requirement‑Evidence produced snore than sufficient to prove claim of landlord qua his personal requirement of property‑‑‑Appeal against order of eject ment on such score dismissed. Iqbal Kazi for Appellant. Mansoorul Arfin for Respondent. Dates of hearing : 27th and 31st August, 1980.