1990SCMR1354 (PLP)
HUSSAIN BUX‑‑‑Petitioner Versus Haji YAKOOB and another‑‑‑Respondents
| Citation | 1990SCMR1354 (PLP) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A. Nusrat, |
| Parties | HUSSAIN BUX‑‑‑Petitioner Versus Haji YAKOOB and another‑‑‑Respondents |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1354 (PLP)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XVII of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1354 (PLP)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A. Nusrat,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1354 (PLP) (HUSSAIN BUX‑‑‑Petitioner Versus Haji YAKOOB and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- KA. Wahab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 26th February, 1989.
Headnotes / Summary
(From the judgment of the High Court of Sindh at Hyderabad dated 19‑9‑1988 passed in FRA No. 205 of 1987). ‑‑‑‑S. 16(1)(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Default in payment of rent‑‑‑Leave to appeal‑‑‑Default only for one month was condoned by High Court accepting explanation of tenants that Court was closed in month in which rent was due and that they were under impression that after opening of Court they were still entitled to deposit rent on or before stipulated date of next month‑‑‑High Court in condoning delay, held, could not be said to have exercised its discretion without sufficient cause having been shown.
Judgment & Decree
‑‑‑‑S. 16(1)(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Default in payment of rent‑‑‑Leave to appeal‑‑‑Default only for one month was condoned by High Court accepting explanation of tenants that Court was closed in month in which rent was due and that they were under impression that after opening of Court they were still entitled to deposit rent on or before stipulated date of next month‑‑‑High Court in condoning delay, held, could not be said to have exercised its discretion without sufficient cause having been shown. KA. Wahab, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 26th February, 1989. SA. NUSRAT, J.‑‑‑The proceedings of eviction were filed in respect of a shop‑cum‑godown premises in this case by the petitioner whereupon a tentative rent order was passed on 26‑3‑1987 by the learned Rent Controller. It appears that after complying with the order with regard to the payment of the arrears of rent, the respondents deposited rent for the month of May, 1987 on 7‑7‑1987 although in terms of the tentative rent order they were required to pay rent by the 10th of every calendar month. In the circumstances, an application for striking off the defence was moved by the petitioner alleging default in payment of rent for the months of April and May, 198". The question of default in payment of rent for the month of April, 1987 was not pressed. It was the default in deposit of rent for the month of May, 1987, which was made point in case. The petitioner succeeded before the Rent Controller and the defence of the respondents was struck off as per order dated 8‑9‑1987 and the respondents were directed to vacate the disputed premises.
2. On first appeal the order of the Rent Controller was reversed by the learned High Court accepting the explanation of the respondents that the Court was closed in the month of June, 1987 and hence they were under the impression that after opening of the Court they were still entitled to deposit rent on or before 10th of July, 1987. The default was for only one month and was condoned by the learned High Court and it cannot be said that the discretion was exercised without sufficient cause having been shown. The petition merits no consideration and is dismissed accordingly. H.B.T./H‑110/S Petition dismissed.