1968 PLP 1364 (SCMR)
MESSRS PAK MUBARAK IRON AND INDUSTRIAL SYNDICATE LTD.‑Petitioner Versus MESSRS SADIQ TRADERS LTD.‑‑Respondent
| Citation | 1968 PLP 1364 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MESSRS PAK MUBARAK IRON AND INDUSTRIAL SYNDICATE LTD.‑Petitioner Versus MESSRS SADIQ TRADERS LTD.‑‑Respondent |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1968 PLP 1364 (SCMR)?
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 1968 PLP 1364 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 1364 (SCMR) (MESSRS PAK MUBARAK IRON AND INDUSTRIAL SYNDICATE LTD.‑Petitioner Versus MESSRS SADIQ TRADERS LTD.‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fakhruddin G. Ibrahim, Advocate Supreme Court instructed by Salahuddin, Attorney for Petitioner.
- Nemo for Respondent.
- Date of hearing : 11th June 1968.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 8th May1968, in IInd Appeal No. 52 of 1967).
S. 13‑Default in payment of rent‑Doctrine of suspension of rent (S. 108; Transfer of Property Act, 1882), held, not available to tenant in circumstances of case. ORDER MUHAMMAD YAQUB ALI, J.‑This petition arises out of the order of ejectment passed by the Rent Controller against the petitioner on 18‑11‑1965 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1958, for default in the payment of rent. The second appeal preferred by the petitioner in the High Court was dismissed on the finding that the plea of doctrine of rent (section 108 of the Transfer of Property Act) was no available to the petitioner even if it was held that the respondent landlord had dispossessed him from a portion of the tenement for the reasons : (i) the petitioner had admittedly remitted the full amount of rent at the stipulated rate after dispossession ; and (ii) the respondent had entered upon the disputed portion of the tenement before he purchased the entire property from the original landlord. The dispossession, if any, had thus already taken effect and no new cause had accrued to the petitioner. We concur with the learned Judges in the High Court and refuse leave to appeal. The petition is dismissed. Leave refused.
Judgment & Decree
MUHAMMAD YAQUB ALI, J.‑This petition arises out of the order of ejectment passed by the Rent Controller against the petitioner on 18‑11‑1965 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1958, for default in the payment of rent. The second appeal preferred by the petitioner in the High Court was dismissed on the finding that the plea of doctrine of rent (section 108 of the Transfer of Property Act) was no available to the petitioner even if it was held that the respondent landlord had dispossessed him from a portion of the tenement for the reasons : (i) the petitioner had admittedly remitted the full amount of rent at the stipulated rate after dispossession ; and (ii) the respondent had entered upon the disputed portion of the tenement before he purchased the entire property from the original landlord. The dispossession, if any, had thus already taken effect and no new cause had accrued to the petitioner. We concur with the learned Judges in the High Court and refuse leave to appeal. The petition is dismissed. Leave refused.