2013 PLP 193 (YLR)
Sheikh KAMRAN alias KAMI — Petitioner Versus GUL MUHAMMAD and another — Respondents
| Citation | 2013 PLP 193 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Khalid Mehmood Khan, J |
| Parties | Sheikh KAMRAN alias KAMI — Petitioner Versus GUL MUHAMMAD and another — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2013 PLP 193 (YLR)?
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 2013 PLP 193 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Khalid Mehmood Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 193 (YLR) (Sheikh KAMRAN alias KAMI — Petitioner Versus GUL MUHAMMAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Amjad Pervaiz for Petitioner.
- Rana Nasrullah Khan for Respondents.
Headnotes / Summary
Ss. 13 & 15
Constitution of Pakistan, Art.199
Constitutional petition
Suit for determining ownership of rented shop was pending disposal
Landlord (respondent) had shown his willingness to allow three months' time to tenant (petitioner) to vacate the rented shop provided he continued paying rent until vacation of the shop
Tenant sought one and a half years' time to vacate the shop
Landlord and tenant both consented to allow the tenant 9 months' time to vacate the shop provided monthly rent was paid before the tenth day of every month and if tenant defaulted on such payment, he would be liable to be ejected immediately
Upon completion of 9 months tenant was to surrender physical possession of the shop to the landlord and statements from both parties made during the disposal of constitutional petition would not affect their respective rights in the suit pending for ascertainment of ownership of shop
Petition was allowed accordingly.
Judgment & Decree
MUHAMMAD KHALID MEHMOOD KHAN, J.
Learned counsel for the respondents has shown his willingness to allow time to the petitioner for vacation of the rented shop provided the petitioner should pay rent at the rate of Rs.8,000 per month till he vacates the shop. However, learned counsel for the respondents submits that respondents are willing to allow 4 months time to vacate the shop. Learned counsel for the petitioner states that 1-1/2 years may be allowed to vacate the shop. He further submits that suit for ascertaining the ownership of shop is pending disposal and his statement will not affect his rights under the suit pending with reference to the ownership of shop. With the consent of both the parties petitioner is allowed 9 months time commencing from today i.e. 3-2-2011 ending on 3-11-2011, subject to payment of Rs.8,000 rent per month payable on or before the 10th of every month against receipt. In case the petitioner commits single default in the payment of monthly rent, he will be liable to be ejected forthwith. After completion of 9 months the petitioner will surrender physical possession of shop to the respondents in terms of ejectment order passed against him which is subject-matter of instant writ petition. However, the present statement of petitioner as well as respondents will not affect their respective rights in a suit pending for ascertainment of ownership of shop in dispute.
2. The writ petition is disposed of in the above said terms. MWA/K-14/L Order accordingly.