1994SCMR2058 (PLP)
GHULAM HAIDER and 3 others‑‑‑Petitioners Versus Haji ABDUL SHAKOOR‑‑‑Respondent
| Citation | 1994SCMR2058 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry and Fazal Ilahi Khan, JJ |
| Parties | GHULAM HAIDER and 3 others‑‑‑Petitioners Versus Haji ABDUL SHAKOOR‑‑‑Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ |
Q1: What are the key laws and sections cited in 1994SCMR2058 (PLP)?
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 1994SCMR2058 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry and Fazal Ilahi Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994SCMR2058 (PLP) (GHULAM HAIDER and 3 others‑‑‑Petitioners Versus Haji ABDUL SHAKOOR‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑‑S. 13 (6)‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑High Court had set aside the order of ejectment on the ground that default was for a short period and that the arrears of rent had been deposited in compliance with the order of Rent Controller under S. 13 (6) of the Ordinance‑‑‑Leave to appeal was granted to consider whether High Court was legally correct on facts of the case to condone delay which entailed ejectment on the above ground and for pressing into service the amended provision of the Ordinance when liability was not admitted by the respondent (tenant) on the first date of hearing of the petition for ejectment.
- Tariq Mahmood, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 25th April, 1994.
Headnotes / Summary
(On appeal from the judgment dated 7‑11‑1993 of the High Court of Balochistan, Quetta, in F.A.O. No. 73 of 1993).
Judgment & Decree
(On appeal from the judgment dated 7‑11‑1993 of the High Court of Balochistan, Quetta, in F.A.O. No. 73 of 1993). ‑‑‑‑S. 13 (6)‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑High Court had set aside the order of ejectment on the ground that default was for a short period and that the arrears of rent had been deposited in compliance with the order of Rent Controller under S. 13 (6) of the Ordinance‑‑‑Leave to appeal was granted to consider whether High Court was legally correct on facts of the case to condone delay which entailed ejectment on the above ground and for pressing into service the amended provision of the Ordinance when liability was not admitted by the respondent (tenant) on the first date of hearing of the petition for ejectment. Tariq Mahmood, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 25th April, 1994. FAZAL ILAHI KHAN, J.‑‑‑Leave to appeal is prayed for by the petitioners against the judgment of the High Court of B4lochistan dated 7‑11‑1993 in F.A.0. No. 73 of 1993. Petitioners/landlords' ejectment application was allowed by the Controller of Rent against respondent/tenant from a shop on the ground of respondent having defaulted in payment of rent. The learned High Court, however, set aside the order of ejectment on the ground that default was for short period and that the arrear of rent has been deposited in compliance with the order of Controller under section 13(6) of the Rent Restriction Ordinance. Leave is granted to consider; whether learned High Court was legally correct on facts of the case to condone delay which entailed ejectment on the grounds given above and for attracting the amended provision of the Balochistan Urban Rent Restriction Ordinance, 1959, when the respondent did not admit his liability on the first date of hearing of the petition. M.B.A./G‑477/S Leave granted.