1981 PLP 1364 (CLC)
MUHAMMAD RAFI AND 6 OTHERS — Appellants Versus MUHAMMAD IDRIS‑Respondent
| Citation | 1981 PLP 1364 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Z. C. Valliani, J |
| Parties | MUHAMMAD RAFI AND 6 OTHERS — Appellants Versus MUHAMMAD IDRIS‑Respondent |
| Primary Law | (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑, (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1364 (CLC)?
This judgment primarily cites: (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑, (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1364 (CLC)?
The case was heard and decided by the Karachi bench comprising: Z. C. Valliani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1364 (CLC) (MUHAMMAD RAFI AND 6 OTHERS — Appellants Versus MUHAMMAD IDRIS‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nizam Ahmad for Appellants.
- M. M. Mahmoodi for Respondent.
- Date of hearing : 27th October, 1980.
Headnotes / Summary
‑‑S. 13 (2)‑Ejectment‑Discretion‑Tenant alleging long‑established ' practice of rent being paid in lump sum as and when demanded but rent receipts produced by him showing some arrears remaining out standing even at time of each periodical payment of rent in lump sum‑Lower Courts exercising discretion in favour of tenant and rejecting application for his ejectment ‑Tenant, held, wilful defaulter can ground of having been waiting for landlord's men to collect rent and both lower Courts failed to exercise discretion judicially. Waris Ali Tirmizi v. Mst. Liaqat Begum. 1980 S C M R 506 and 601 re
1. Riaz Ali v. Shabbir Ahmad Khan 1971 S CM R 598 ; Umar Din v. Ghulam Jilani Shah P L D 1976. Lah. 567 ; Mohammad Alimullah v. Ziaul Islam P L D 1973 Kar. 56; Abdul Rashid v. Saleh Muhammad 1980 S C M R 506 ; Waris Ali Tirmizi v. Liaqar Begum 1980 S C M R 601 ; Muhammad Shafi v. Zahir Hassain P L D 1978 Lah. 862 ; Rifaqat Ali v. Muhammad Bashir Qureshi P L D 1979 Lah. 444 and Abdul Aziz Beg v. Mushtaq Ahmed Sheikh 1980 S C M R 834 ref. ‑‑‑ S. 15 (4) read with Civil Procedure Code (V of 1908), S. 100 Concurrent findings‑Default in payment of rent‑Mixed question of law and fact‑Can be displaced by High Court in second appeal‑Concurrent findings of no default having been committed based on erroneous reading of law and perverse appreciation of evidence set aside in circumstances. Muhammad Alam v. Noor Mohammad 1973 S C M R 606 ref.
Judgment & Decree
‑‑S. 13 (2)‑Ejectment‑Discretion‑Tenant alleging long‑established ' practice of rent being paid in lump sum as and when demanded but rent receipts produced by him showing some arrears remaining out standing even at time of each periodical payment of rent in lump sum‑Lower Courts exercising discretion in favour of tenant and rejecting application for his ejectment ‑Tenant, held, wilful defaulter can ground of having been waiting for landlord's men to collect rent and both lower Courts failed to exercise discretion judicially. Waris Ali Tirmizi v. Mst. Liaqat Begum. 1980 S C M R 506 and 601 re
1. Riaz Ali v. Shabbir Ahmad Khan 1971 S CM R 598 ; Umar Din v. Ghulam Jilani Shah P L D 1976. Lah. 567 ; Mohammad Alimullah v. Ziaul Islam P L D 1973 Kar. 56; Abdul Rashid v. Saleh Muhammad 1980 S C M R 506 ; Waris Ali Tirmizi v. Liaqar Begum 1980 S C M R 601 ; Muhammad Shafi v. Zahir Hassain P L D 1978 Lah. 862 ; Rifaqat Ali v. Muhammad Bashir Qureshi P L D 1979 Lah. 444 and Abdul Aziz Beg v. Mushtaq Ahmed Sheikh 1980 S C M R 834 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑-- ‑‑‑ S. 15 (4) read with Civil Procedure Code (V of 1908), S. 100 Concurrent findings‑Default in payment of rent‑Mixed question of law and fact‑Can be displaced by High Court in second appeal‑Concurrent findings of no default having been committed based on erroneous reading of law and perverse appreciation of evidence set aside in circumstances. Muhammad Alam v. Noor Mohammad 1973 S C M R 606 ref. Nizam Ahmad for Appellants. M. M. Mahmoodi for Respondent. Date of hearing : 27th October, 1980.