1989 PLP 1038 (MLD)
ABDUL SHAKOOR Petitioner Versus ADDITIONAL DISTRICT JUDGE and others‑‑Respondents
| Citation | 1989 PLP 1038 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | ABDUL SHAKOOR Petitioner Versus ADDITIONAL DISTRICT JUDGE and others‑‑Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1038 (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 1038 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1038 (MLD) (ABDUL SHAKOOR Petitioner Versus ADDITIONAL DISTRICT JUDGE and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Abdullah Qureshi for Petitioner.
- Ch. Naseer Ahmad for Respondents.
- Date of hearing: 18th January, 1989.
Headnotes / Summary
‑‑‑Ss. 13 & 15‑‑Suo motu power of Court to enhance rent‑‑Ejectment application filed by landlord against tenant on ground of personal bona fide requirement was dismissed by Rent Controller‑‑Appellate Court below although dismissed appeal filed by landlord against order of Rent Controller but sub motu enhanced monthly rent of premises‑‑Monthly rent of premises was not in dispute either before Rent Controller or Appellate Court below and there was no material before Appellate Court below justifying enhancement of rent‑‑Order of Appellate Court below to the extent of sub motu enhancement of rent was declared illegal.
Judgment & Decree
‑‑‑Ss. 13 & 15‑‑Suo motu power of Court to enhance rent‑‑Ejectment application filed by landlord against tenant on ground of personal bona fide requirement was dismissed by Rent Controller‑‑Appellate Court below although dismissed appeal filed by landlord against order of Rent Controller but sub motu enhanced monthly rent of premises‑‑Monthly rent of premises was not in dispute either before Rent Controller or Appellate Court below and there was no material before Appellate Court below justifying enhancement of rent‑‑Order of Appellate Court below to the extent of sub motu enhancement of rent was declared illegal. Muhammad Abdullah Qureshi for Petitioner. Ch. Naseer Ahmad for Respondents. Date of hearing: 18th January, 1989. Through this Constitutional Petition Abdul Shakoor petitioner wants this Court to declare the order dated 19‑3‑1987 passed by the learned District Judge, Bahawalpur to the extent of enhancement of monthly rent from Rs.200 to Rs.600 p.m.to be without lawful authority and on no legal effect.
2. The facts leading to this petition, briefly, are that respondent No.1 had filed a suit for possession by pre‑emption on the basis of being tenant against Malik Muhammad petitioner. The suit was resisted, issues were framed, the parties led their evidence and trial Court/A C, decreed the suit on 14‑1‑1980. The appeal filed by Malik Muhammad petitioner against this judgment and decree failed on 12‑2‑1984. Feeling aggrieved thereby, the petitioner filed revision before the learned Member, Board of Revenue, which was also dismissed on 9‑5‑1985, hence this petition. learned counsel for the respondents frankly stated that he was not in a position to defend the order to the extent of enhancement of monthly rent from Rs.200 to Rs.600.
4. I have considered the matter. I find that there was no application for the enhancement of the rent either before the learned Rent Controller or before the learned District Judge, Bahawalpur, that the monthly rent was not in dispute and that there was no material before the learned District Judge justifying the enhancement of rent from Rs.200 to Rs.600. For all these reasons, there is no option but to declare the order dated 19‑3‑1987 of the learned District Judge to the extent of enhancement of monthly rent from Rs.200 to 600, to be without lawful authority and of no legal effect. The petition is, therefore, accepted, leaving the parties to bear their own costs. H.B.T./621/L Petition accepted.