1996SCMR1681 (PLP)
ABDUL MAJEED‑‑‑Petitioner Versus WAZIR BEGUM and 5 others‑‑‑Respondents
| Citation | 1996SCMR1681 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Irshad Hasan Khan, JJ |
| Parties | ABDUL MAJEED‑‑‑Petitioner Versus WAZIR BEGUM and 5 others‑‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR1681 (PLP)?
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 1996SCMR1681 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Irshad Hasan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR1681 (PLP) (ABDUL MAJEED‑‑‑Petitioner Versus WAZIR BEGUM and 5 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed .Maqbool Hussain Shah, Advocate Supreme Court and S. Abul Asim Jaffari, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 18th December, 1994.
- Syed .Maqbool Hussain Shah, Advocate Supreme Court and S. Abul Asim Jaffari, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 6‑10‑1994 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, in Writ Petition No.463‑94/BWP). ‑‑‑‑S. 13(6)‑‑‑Constitution o:' Pakistan (1973), Art. 185‑‑‑Rent. Controller's order directing tenant to deposit rent from February, 1975 to January. 1994, was affirmed by High Court culminating into dismissal of tenant's 'Constitutional petition‑‑‑Validity‑‑‑Rent Controller was not competent to have directed tenant for deposit of arrears of rent for a period of more than three years‑‑‑Petition for leave to appeal was converted into appeal; judgments of Rent Controller and that of High Court were modified to the extent that tenant would deposit, in pending ejectment application arrears of rent from 1st August, 1990 to 31st January, 1995 at specified rate ‑‑‑Ejectment application would thus be, decided in accordance with law by Rent Controller within six months. Ishrat Hussain v. Subedar alias Suba 1975 SCMR 19 fol.
Judgment & Decree
FAZAL ILAHI KHAN, J.
This is a petition for leave to appeal against the judgment of Lahore High Court,- Bahawalpur Bench, Bahawalpur dated 6-10-1994 whereby Writ Petition No.463-94/BWP. filed by the petitioner was dismissed.'
2. Learned counsel for the petitioner has been heard. None is present on behalf of the respondents in spite of notice.
3. In an ejectment petition filed by the respondents against the petitioner the learned Rent Controller passed an order under section 13(6) of the Rent Restriction Ordinance directing the petitioner to deposit the rent from February, 1975 to January, 1994 till 6-3-1994 at the rate of Rs.25 per month and also the future rent.
4. Feeling aggrieved the petitioner challenged the same in Writ Petition stated above which was dismissed.
5. It was contended by the learned counsel for the petitioner that ejectment petition m this case was filed before the Rent Controller on 8th January, 1994 in which the learned Rent Controller directed the petitioner to deposit the rent from February, 1975 to January, 1994 as stated above at the rate of Rs.25 per month which was contrary to law as declared by this Hon'ble Court in Ishrat Hussain v Subedar alias Suba (1975 SCMR 19), it being for a period more than 3 years before the institution of the petition.
6. Undoubtedly the Rent Controller was not competent to have directed the petitioner for deposit of arrears of rent for a period more than 3 years as provided under the law laid down by this Court; hence, we convert this petition into appeal, accept it and modify the judgments of the Rent Controller and that of the learned High Court to the extent that the petitioner shall deposit, to pending ejectment petition, arrears of rent amounting to Rs.1325 i.e. from 1st August, 1990 to 31st January, 1995 at the rate of Rs.25 p.m. He shall pay future monthly rent at the same rate i.e. Rs.25 per month, as directed by the Rent Controller. The petition shall then be decided in accordance with law by the Rent Controller within 6 months, it being an old matter. No order as to costs. A.A./A-1270/S Appeal accepted.