CLC 1981

1981 PLP 1235 (CLC)

Mst. FATIMA BAI AND 7 OTHERS‑‑Appellants Versus REHMATULLAH AND 2 OTHERS‑‑.Respondents

Jurisdiction / Court
Karachi
Decided Date
Second Appeal No. 138 of 1973, decided on 13th May, 1981.
Honorable Judges
Abdul Hayee Kureshi, Actg. C J
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 1235 (CLC)
Forum / Court Karachi
Bench Members Abdul Hayee Kureshi, Actg. C J
Parties Mst. FATIMA BAI AND 7 OTHERS‑‑Appellants Versus REHMATULLAH AND 2 OTHERS‑‑.Respondents
Primary Law (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑, (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 1235 (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 1235 (CLC)?

The case was heard and decided by the Karachi bench comprising: Abdul Hayee Kureshi, Actg. C J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 1235 (CLC) (Mst. FATIMA BAI AND 7 OTHERS‑‑Appellants Versus REHMATULLAH AND 2 OTHERS‑‑.Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑

Representation

  • Nissarally for Appellant/Petitioner.
  • Abdul Karim Siddiqui for Respondents.
  • Date of hearing : 13th May, 1981.

Headnotes / Summary

S.13(6)‑‑Time allowed for deposit of rent‑‑‑Exclusion of period of stay order in computation of Rent Controller passing order for tentative deposit of rent‑‑Additional District Judge on appeal staying" order but ultimately dismissing appeal and High Court also dismissing Second Appeal in limine‑Held, order for deposit of arrears of rent acquired finality and cannot be questioned‑Period already passed before grant of stay, held further, to be included in period following dismissal of appeal in reckoning time originally allowed by Rent Controller for deposit of rent. Messrs Ansari Brothers v. Holy Trinity Church Trust P L D 1971 S C 700 fol. ‑‑ S. 13(6)‑Time to deposit rent‑Start of‑Tenants committing default by depositing beyond time allowed lesser amount than ordered‑Rent Controller stricking off' tenants' defence‑--Additional District Judge maintaining order of eviction of tenants passed by Rent`‑ Controller‑Appellants' counsel urging time for deposit of rent to start running afresh from dismissal of appeal wherein order for deposit of rent stayed by Appellate Court‑Contention repelled. Holy Trinity Church Trust v. Ansari Brothers P L D 1963 Lah. 489 ref.

Judgment & Decree

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑

S.13(6)‑‑Time allowed for deposit of rent‑‑‑Exclusion of period of stay order in computation of Rent Controller passing order for tentative deposit of rent‑‑Additional District Judge on appeal staying" order but ultimately dismissing appeal and High Court also dismissing Second Appeal in limine‑Held, order for deposit of arrears of rent acquired finality and cannot be questioned‑Period already passed before grant of stay, held further, to be included in period following dismissal of appeal in reckoning time originally allowed by Rent Controller for deposit of rent. Messrs Ansari Brothers v. Holy Trinity Church Trust P L D 1971 S C 700 fol. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

‑‑ S. 13(6)‑Time to deposit rent‑Start of‑Tenants committing default by depositing beyond time allowed lesser amount than ordered‑Rent Controller stricking off' tenants' defence‑--Additional District Judge maintaining order of eviction of tenants passed by Rent`‑ Controller‑Appellants' counsel urging time for deposit of rent to start running afresh from dismissal of appeal wherein order for deposit of rent stayed by Appellate Court‑Contention repelled. Holy Trinity Church Trust v. Ansari Brothers P L D 1963 Lah. 489 ref. Nissarally for Appellant/Petitioner. Abdul Karim Siddiqui for Respondents. Date of hearing : 13th May, 1981.