1989 PLP 515 (SCMR)
Messrs RABKA PEST CONTROL LIMITED — Petitioner Versus Mrs. MAHMOODA KHALIL — Respondent
| Citation | 1989 PLP 515 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | Messrs RABKA PEST CONTROL LIMITED — Petitioner Versus Mrs. MAHMOODA KHALIL — Respondent |
| Primary Law | (From the judgment dated 4-9-88 of the Sind High Court in First Rent Appeal No.168 of 1986)., Sind Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 1989 PLP 515 (SCMR)?
This judgment primarily cites: (From the judgment dated 4-9-88 of the Sind High Court in First Rent Appeal No.168 of 1986)., Sind Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 515 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 515 (SCMR) (Messrs RABKA PEST CONTROL LIMITED — Petitioner Versus Mrs. MAHMOODA KHALIL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasan Akbar, Advocate Supreme Court and Sycd Anwar Ali, Advocate -on-Record for Petitioner.
- M.A.I. Qarni, Advocate-on-Record (absent) for Respondent.
- Date of hearing: 23rd October, 1988.
- Hasan Akbar, Advocate Supreme Court and Sycd Anwar Ali, Advocate -on‑Record for Petitioner.
- M.A.I. Qarni, Advocate‑on‑Record (absent) for Respondent.
Headnotes / Summary
S.15--Constitution of Pakistan (1973), Art.185(3)--Eviction of tenant Dispute relating to rent, a question of fact--Finding of Rent Controller that rent fixed was a specified amount was not interfered with by High Court--High Court's finding on question of fact did not suffer from any infirmity--Leave to appeal was refused in circumstances.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner is a tenant under the respondent in a house situate in Sind Muslim Co‑operative Society, Karachi. On an application made by the respondent a Rent Controller at Karachi has directed its ejectment on the ground of default in the payment of rent. The petitioner filed an appeal before the High Court but it failed. It now seeks leave to appeal from this Court.
2. The dispute in this petition centres mainly round the controversy whether the rent agreed upon between the parties was Rs.2,500 or Rs.1,500 per month. It is not disputed that if the rent was taken to be Rs.2,500 the petitioner would be a defaulter. Now, there is a finding of the Rent Controller that the rent fixed was Rs.2,
500. The High Court did not interfere with this finding. After hearing the learned counsel for the petitioner we are not persuaded that the said finding suffers from any infirmity. The petition is dismissed. A.A./R‑73/S Leave to appeal refused.