1981CLC825 (PLP)
Haji GHULAM HUSSAIN AND 3 OTHERS‑Appellants Versus RAMCHAND AND 6 uri3ERs‑Respondents
| Citation | 1981CLC825 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Abdul Hafeez Memon, J |
| Parties | Haji GHULAM HUSSAIN AND 3 OTHERS‑Appellants Versus RAMCHAND AND 6 uri3ERs‑Respondents |
Q1: What are the key laws and sections cited in 1981CLC825 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981CLC825 (PLP)?
The case was heard and decided by the Karachi bench comprising: Abdul Hafeez Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981CLC825 (PLP) (Haji GHULAM HUSSAIN AND 3 OTHERS‑Appellants Versus RAMCHAND AND 6 uri3ERs‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- G. A. Brohi for Appellants.
- A. Karim Lakhan for Respondents.
- Date of hearing : 26th October, 1978.
Headnotes / Summary
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13(6)‑Tentative order for deposit of rent‑Order calling tenants (appellants) to deposit arrears of rent, not specifying period for which ‑rears to be deposited‑Order appearing to show tenants being called upon to deposit arrears for nearly fourteen years although arrears delude not be claimed for more than three years‑Such tentative rent order, held, both vague and illegal and, its non‑compliance cannot suit in striking off defence of tenants. Ahsan Ali v. Jaffar Ali P L D 1964 Kar. 418 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13 (6)‑‑Default in compliance of tentative order‑Rent Controller extending time for depositing arrears of rent and tenants (appellants) depositing amount before extended date‑Held; Rent Controller even if not legally empowered to extend time in such circumstances tenants cannot be penalized for wrong acts of Rent Controller and their failure to deposit arrears and future rent, could not be said to be willful. Ahmad Din v. Rasul Bibi P L D 1968 S C 213 ref.
Judgment & Decree
S. 13(6)‑Tentative order for deposit of rent‑Order calling tenants (appellants) to deposit arrears of rent, not specifying period for which ‑rears to be deposited‑Order appearing to show tenants being called upon to deposit arrears for nearly fourteen years although arrears delude not be claimed for more than three years‑Such tentative rent order, held, both vague and illegal and, its non‑compliance cannot suit in striking off defence of tenants. Ahsan Ali v. Jaffar Ali P L D 1964 Kar. 418 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ S. 13 (6)‑‑Default in compliance of tentative order‑Rent Controller extending time for depositing arrears of rent and tenants (appellants) depositing amount before extended date‑Held; Rent Controller even if not legally empowered to extend time in such circumstances tenants cannot be penalized for wrong acts of Rent Controller and their failure to deposit arrears and future rent, could not be said to be willful. Ahmad Din v. Rasul Bibi P L D 1968 S C 213 ref. G. A. Brohi for Appellants. A. Karim Lakhan for Respondents. Date of hearing : 26th October, 1978.