1989 PLP 4517 (MLD)
ZAFAR CHAUDHRY‑‑Petitioner Versus ANSAR BUTT and another‑‑Respondents
| Citation | 1989 PLP 4517 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rustam S. Sidhwa, J |
| Parties | ZAFAR CHAUDHRY‑‑Petitioner Versus ANSAR BUTT and another‑‑Respondents |
| Primary Law | West. Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4517 (MLD)?
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 1989 PLP 4517 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rustam S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4517 (MLD) (ZAFAR CHAUDHRY‑‑Petitioner Versus ANSAR BUTT and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Tatheer Hussain for Petitioner.
- Ijaz Ali Sabzwari for Respondent No.1.
- Date of hearing: 11th February, 1989.
Headnotes / Summary
‑‑‑S.13‑‑Tenant's defence struck off by Rent Controller on his failure to file written statement‑‑Contention of tenant that he was sick and had gone to his village and therefore he could not instruct his counsel in respect of preparation of written statement‑‑Rent Controller did not consider the contention of tenant‑ Order of Rent Controller was set aside and case was remanded to Rent Controller for disposal after tenant had filed written statement and in case tenant failed to file written statement, to proceed against him ex parte.
Judgment & Decree
Ijaz Ali Sabzwari for Respondent No.1. Date of hearing: 11th February, 1989. This is a constitutional petition filed by Zaffar Chaudhry, petitioner, challenging the order of the Rent Controller, Lahore dated 9‑10‑1988 striking off his defence for the non‑filing of his written statement and the further order passed by the same learned Officer on 21‑12‑19888 dismissing his review petition.
2. I have heard the arguments of the learned counsel for the petitioner and respondent No.1. Since the case has been argued at length, this writ petition is being admitted and will be disposed of as a notice case.
3. The eviction petition was filed in April, 1985 and the evidence of the defendant was closed on 9‑10‑1988 for wilful failure to file his written statement. The two impugned orders do not attend themselves to the main question whether the petitioner was sick and had gone to his village and, therefore, had not conic to Lahore in order to instruct his counsel in respect of the preparation of the written statement. The impugned orders, therefore, deserve to be set aside. The learned counsel for the respondent submits that in case the two impugned orders are set aside, the parties may be directed to present themselves before the Rent Controller on a particular date, on which date the petitioner should be directed to file his written statement.
4. In view of the above, this writ petition is accepted and the orders of the Rent Controller, dated 9‑10‑1988 and 21‑12‑1988 arc set aside and the case is remanded to Mr. Hamood Maqbool Bajwa, Civil Judge/Rent Controller, Lahore. The parties shall appear before him on 18‑2‑1989, on which date the petitioner shall file his written statement in Court, failing which the Rent Controller shall be at liberty to strike off the defence of the petitioner and proceed with the case ex parte. The learned Rent Controller shall dispose of the case before the year runs out.
5. There will be no order as to costs.
6. A copy of this judgment should be transmitted to Mr. Mahmood Maqbool Bajwa, Civil Judge/Rent Controller, Lahore, immediately by a special messenger. M.Y.H./Z‑96/L Petition allowed.