1988 PLP 1907 (SCMR)
Messrs ISLAM COAL Co. — Petitioner Versus Mir GHULAM RASOOL and 2 others — Respondents
| Citation | 1988 PLP 1907 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A.Nusrat and Zaffar Hussain Mirza, JJ |
| Parties | Messrs ISLAM COAL Co. — Petitioner Versus Mir GHULAM RASOOL and 2 others — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1988 PLP 1907 (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 1988 PLP 1907 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A.Nusrat and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1907 (SCMR) (Messrs ISLAM COAL Co. — Petitioner Versus Mir GHULAM RASOOL and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yahya Bakhtiar, Senior Advocate Supreme Court and S. A . M. Quadri, Advocate- on-Record for Petitioner.
- M.Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate- on-Record for Respondents.
- Date of hearing: 22nd May, 1988.
- Yahya Bakhtiar, Senior Advocate Supreme Court and S. A . M. Quadri, Advocate‑ on‑Record for Petitioner.
- M.Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑ on‑Record for Respondents.
Headnotes / Summary
(From the judgment of the High Court of Baluchistan dated 2-4-1987 passed in F.A.0. No.79 of 1986).
Ss.13(6) & 15--Constitution of Pakistan (1973),Art.185(3) Ejectment--Tentative rent order--Default in deposit of future monthly rent--Rent Controller refusing to strike off defence of tenant because default was explained satisfactorily--Order set aside by High Court- Leave to appeal granted to consider contention that explanation of tenant having been accepted by Rent Controller in view of some ambiguity in the order, High Court was not justified in interfering with such order and directing eviction of tenant; and that application of landlord itself was liable to be dismissed as tenant had, before filing of written statement, deposited claimed arrears of rent.
Judgment & Decree
S.A. NUSRAT, J.‑‑On respondents' application for eviction, inter alia, on the ground of default in payment of rent, a tentative rent order was passed by the Rent Controller on 8‑7‑1986 directing the petitioner to deposit arrears of rent from 1st July 1985 to 30th Jun? 1986 and future monthly rent before the 15th of each next month. The respondents moved an application under section 13(6) of the Rent Ordinance VI of 1959 for striking off the defence of the petitioner alleging default in payment of future monthly rent. The application was dismissed by the Rent Controller by this order dated 4‑11‑1986 on the finding that the petitioner had misunderstood the order dated 8‑7‑1986 and the explanation furnished by him was satisfactory. However, on appeal of the respondents, the order of the Rent Controller was set aside by the High Court as per impugned judgment. 2. It was contended by the learned counsel for the petitioner that the explanation of the petitioner having been accepted by the Rent Controller in view of some ambiguity in the order, the learned High Court was not justified in interfering with such order and directing eviction of the petitioner. It was further contended that in view of the amendment introduced in section 13 of the Rent Ordinance VI of 1959 on 1‑10‑1984, the application of the respondents itself was liable to be dismissed as the petitioner had, before the filing of the written statement, deposited the claimed arrears of rent. 3. The contentions raised above require examination. Leave is accordingly granted. Security Rs.2,000. The appeal will be heard on the same record with liberty to the parties to file documents, if any, before the next date of hearing. As the point involved is short, the appeal shall be made ready and fixed for hearing on 29‑5‑1988. M.I./I‑43/S Leave granted