SCMR 1984

1984 PLP 841 (SCMR)

NAZEERUDDIN‑‑Appellant Versus ABDUL RASHID AND OTHERS‑Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 380 of 1983, decided on 17th January, 1984.
Honorable Judges
Aslam Riaz Hussain, Actg. C. J., Muhammad Afzal Zullah and Shafiur Rahman, JJ
Case Reference Summary (AEO Optimized)
Citation 1984 PLP 841 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain, Actg. C. J., Muhammad Afzal Zullah and Shafiur Rahman, JJ
Parties NAZEERUDDIN‑‑Appellant Versus ABDUL RASHID AND OTHERS‑Respondents
Primary Law Constitution of Pakistan(1973)‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1984 PLP 841 (SCMR)?

This judgment primarily cites: Constitution of Pakistan(1973)‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1984 PLP 841 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Actg. C. J., Muhammad Afzal Zullah and Shafiur Rahman, JJ.

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

Cite this legal precedent as: 1984 PLP 841 (SCMR) (NAZEERUDDIN‑‑Appellant Versus ABDUL RASHID AND OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan(1973)‑

Representation

  • Khan Muhammad Younas Khan, Munir Ahmad Bhatti, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Appellant.
  • Najmul Hassan, Advocate Supreme Court and Abdul Karim Advocate‑on‑Record for Respondents.
  • Date of hearing : 17th January, 1984.

Headnotes / Summary

(Against order dated 26‑2‑1983 of the Lahore High Court in S. A. O. No. 516 of 1977). --‑‑Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)‑Tenant accepting liability to pay rent but disputing latest assessmentjurisdiction of Rent Controller to fix tentatively rate of rent at which rents in arrear and future rent to be deposited attracted‑Non‑compliance with orders of Rent Controller by tenant in depositing arrears and present rent and failure to satisfactorily explain reason for defaultEjectment ordered‑High Court allowing yet another opportunity to tenant to make up default who again failed Dismissal of second Appeal, held, justified in such background‑No question of law arising which required further examinationLeave to appeal refused.

Judgment & Decree

SHAFIUR RAHMAN, J.‑The petitioner, a tenant, seeks leave to appeal against an order passed by the Lahore High Court on 26‑2‑1983 dismissing a second appeal against his eviction on the ground of his chronic default in complying with the orders passed under the Rent Restriction Ordinance. An ejectment application was filed against the petitioner on 22‑1‑1969, inter alia, on the ground that he had failed to pay rent since 1‑7‑1966 and the latest assessment of the property showed the rent payable by him to be Rs. 200 per month. The petitioner contested the application on numerous grounds including the rate of rent whereupon the Controller by an order dated 6th of July, 1975 fixed tentative rate of rent payable by the petitioner from 21‑1‑1966 to 30‑6‑1966 <