1989SCMR783 (PLP)
Sh. ASGHAR ALI — Petitioner Versus DISTRICT JUDGE, SAHIWAL and others — Respondents
| Citation | 1989SCMR783 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ghulam Mujaddid, JJ |
| Parties | Sh. ASGHAR ALI — Petitioner Versus DISTRICT JUDGE, SAHIWAL and others — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1989SCMR783 (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 1989SCMR783 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR783 (PLP) (Sh. ASGHAR ALI — Petitioner Versus DISTRICT JUDGE, SAHIWAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Mushtaq Ali, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 18thDecember, 1988.
- Sh. Mushtaq Ali, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Lahore High Court, Multan Bench, dated 1-11-1988 passed in W.P. 469 of 1985).
S.13(6)--Constitution of Pakistan (1973), Art.185(3)--Tenant's defence struck off for his failure to deposit arrears of rent for specific months--Such order was confirmed in appeal and tenant's Constitutional petition against the order was dismissed--Tenant/petitioner in support of petition for leave to appeal, reiterated same contentions which were raised before High Court and were repelled--No new ground having been urged and no substantial question of law of public importance, being involved in petition, (cave to appeal was refused.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Muhammad Tariq respondent filed an application for ejectment of Sh. Asghar All, petitioner, from shop No. 355/4. The grounds were default and personal need. The Rent Controller by order dated 10‑4‑1984 struck off the defence under section 13(6) of the Urban Rent Restriction Ordinance because the petitioner had failed to deposit the arrears of rent for the months of May and June, 1983, at the rate of Rs.f,
00. Order of the Rent Controller was challenged before the District Judge, Sahiwal in appeal. The District Judge, by judgment dated 7‑3‑1985 confirmed the order of the Rent Controller. Sh. Asghar Ali thereafter invoked the Constitutional jurisdiction of the Lahore High Court. The Constitution petition was dismissed on 1‑11‑1988. The petitioner now seeks leave to appeal against the aforesaid order of the High Court. Learned counsel appearing in support of this petition reiterated the same contentions which were raised before the High Court and were repelled. No new ground was urged before us. 'There is no substantial question of law of public importance involved in this petition. Leave is accordingly refused. A.A./A‑419/S Leave to appeal refused.