1981 PLP 656 (CLC)
DR. SAKINA TAPAL‑Appellant Versus Mst. RASHIDA BANO‑Respondent
| Citation | 1981 PLP 656 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Sajjad Ali Shah, J |
| Parties | DR. SAKINA TAPAL‑Appellant Versus Mst. RASHIDA BANO‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 656 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 656 (CLC)?
The case was heard and decided by the Karachi bench comprising: Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 656 (CLC) (DR. SAKINA TAPAL‑Appellant Versus Mst. RASHIDA BANO‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Z. U. Ahmed for Appellant.
- Ishtiaq Ali for Respondent.
- Dates of hearing : 16th and 17th September, 1980.
Headnotes / Summary
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13 (2)(i)‑Agreement of tenancy‑No express agreement in writing between parties regulating terms and conditions of tenancy but on back of printed receipts issued on behalf of landlady terms of tenancy printed‑Tenant herself not signing such receipts‑Some such receipts showing condonation of default and breach of printed conditions One condition also in contravention of S. 7, West Pakistan Urban Rent Restriction Ordinance, 1959‑Landlady never insisting on observing such conditions‑No evidence on record showing penal clause in conditions ever being intended to be followed‑Intention of parties in circumstances., held, not to make such terms of tenancy binding on themselves and no agreement of tenancy executed. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ _‑‑ S. 13 (2) (i)‑Default‑Tenant depositing a certain amount as "advance security deposit" with landlady‑Tenant also paying in lump sum rent for seven months on same day‑Tenant, thereafter, regularly paying rent‑Held, deposit made to secure payment of rent in event of default and in such circumstances tenant entitled to ask for adjustment of deposit against payment of rent for alleged period of default.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13 (2)(i)‑Agreement of tenancy‑No express agreement in writing between parties regulating terms and conditions of tenancy but on back of printed receipts issued on behalf of landlady terms of tenancy printed‑Tenant herself not signing such receipts‑Some such receipts showing condonation of default and breach of printed conditions One condition also in contravention of S. 7, West Pakistan Urban Rent Restriction Ordinance, 1959‑Landlady never insisting on observing such conditions‑No evidence on record showing penal clause in conditions ever being intended to be followed‑Intention of parties in circumstances., held, not to make such terms of tenancy binding on themselves and no agreement of tenancy executed. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ _‑‑ S. 13 (2) (i)‑Default‑Tenant depositing a certain amount as "advance security deposit" with landlady‑Tenant also paying in lump sum rent for seven months on same day‑Tenant, thereafter, regularly paying rent‑Held, deposit made to secure payment of rent in event of default and in such circumstances tenant entitled to ask for adjustment of deposit against payment of rent for alleged period of default. Z. U. Ahmed for Appellant. Ishtiaq Ali for Respondent. Dates of hearing : 16th and 17th September, 1980.