1981 PLP 793 (CLC)
FAZAL AHMED AND ANOTHER‑‑Appellants Versus MUHAMMAD ABDUL SHAKOOR‑Respondent
| Citation | 1981 PLP 793 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Zahoorul Haq, J |
| Parties | FAZAL AHMED AND ANOTHER‑‑Appellants Versus MUHAMMAD ABDUL SHAKOOR‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 793 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 793 (CLC)?
The case was heard and decided by the Karachi bench comprising: Muhammad Zahoorul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 793 (CLC) (FAZAL AHMED AND ANOTHER‑‑Appellants Versus MUHAMMAD ABDUL SHAKOOR‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tahir Hussain for Appellant.
- Date of hearing : 10th November, 1980.
Headnotes / Summary
West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑‑ S. 13(2)(i)‑Default‑Discretion, exercise of‑No agreement between parties about payment of rent‑Landlord (appellant) previously accepting irregular payments of rent from tenant (respondent) without protest‑Landlord rushing to Court and seeking eviction of tenant when rent for one month only could be said to be in arrears‑Held, punishing tenant in such circumstances with ejectment for default of one month's rent would be unfair use of discretion. Mohamed Alimullah v. Ziaul Islam ‑. L D 1973 Kar. 56 distinguished. Hafiz Dawood v. Abdul Ali 1973 S C M R 598 ; Jalilur Rehman and others v. Rashida Begum and others P L D 1976 Kar. 105 and Fida Hussain v. Muhammad Ibrahim Khan 1972 S C M R 262 ref.
Judgment & Decree
Second Rent Appeal No. 305 of 1975, heard on 10th November, 1980. West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑‑ S. 13(2)(i)‑Default‑Discretion, exercise of‑No agreement between parties about payment of rent‑Landlord (appellant) previously accepting irregular payments of rent from tenant (respondent) without protest‑Landlord rushing to Court and seeking eviction of tenant when rent for one month only could be said to be in arrears‑Held, punishing tenant in such circumstances with ejectment for default of one month's rent would be unfair use of discretion. Mohamed Alimullah v. Ziaul Islam ‑. L D 1973 Kar. 56 distinguished. Hafiz Dawood v. Abdul Ali 1973 S C M R 598 ; Jalilur Rehman and others v. Rashida Begum and others P L D 1976 Kar. 105 and Fida Hussain v. Muhammad Ibrahim Khan 1972 S C M R 262 ref. Tahir Hussain for Appellant. Date of hearing : 10th November, 1980.