2000 PLP 1359 (SCMR)
Agha KAMRAN ZAMAN KHAN — Petitioner Versus NASEER AHMAD QURESHI by Legal Heir
| Citation | 2000 PLP 1359 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan |
| Parties | Agha KAMRAN ZAMAN KHAN — Petitioner Versus NASEER AHMAD QURESHI by Legal Heir |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 2000 PLP 1359 (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 2000 PLP 1359 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1359 (SCMR) (Agha KAMRAN ZAMAN KHAN — Petitioner Versus NASEER AHMAD QURESHI by Legal Heir). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Siaf-ul-Haq Ziay, Advocate Supreme Court instructed by M.A Qureshi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 3rd February, 1998
Headnotes / Summary
(On appeal from the order, dated 16-7-1997 passed by Lahore High Court, Lahore in W. P. No. 11178 of 1997). .
S.13(6)
Tentative rent fixed by Rent Controller under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959
Ejectment petition was pending before the Rent Controller and the tenant was within his right to lead whatever evidence he wanted to for establishing on record that the rent was less than the amount of tentative rent
In the event of the Rent Controller determining the rent at any other amount less than already fixed as tentative rent, the tenant was entitled to refund of the amount deposited in excess thereof. Abdul Majeed v. Wazir Begum 1996 SCMR 1681 ref.
Judgment & Decree
CH. MUHAMMAD ARIF, J.
Leave to appeal is claimed in a rent cause against the judgment, dated 16-7-1997 passed in Writ Petition No. 11178 of 1997, whereby the interim orders made by the Rent Controller on 19-3-1997 and 16-4-1997, determining the rent for the disputed premises under subsection (6) of section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, were upheld.
2. Learned counsel for the petitioner has vehemently contended that the learned Rent Controller having failed to tentatively determine the rental of the disputed premises quite in line with the case of Abdul Majeed v. Wazir Begum (1996 SCMR 1681), such determination can be made the subject matter of a Constitutional petition under Article 199 of the Constitution. According to him, the learned Single Judge of the High Court was in error of jurisdiction in not resolving the matter in favour of the petitioner/tenant. The rental at the rate of Rs.2,000 per mensem can be increased by Rs.500 but accepting the point of view of the respondent/landlord that such rental was Rs.3,000 per mensem since December, 1994, runs counter to the spirit of law.
3. We are afraid the argument is wide off the marks. Even if the learned Rent Controller did not say in so many words that the fixation of the rental at the rate of Rs.2,500 is tentative, the treatment to be meted out to such finding cannot but be held to be tentative in terms of subsection (6) of section 13 (ibid). Looked at from this angle, the petitioner/tenant is still within his right to lead whatever evidence he wants to, while the hearing of the petition before the Rent Controller is current, for establishing on record that the rental should be less than Rs.3,
000. In the event of the Rent Controller determining the rental at any other amount less than Rs.3,000 the petitioner will be entitled to refund of the amount deposited in excess thereof.
4. With the above observation the petition is disposed of. Q.M.H./M.AX./K-15/S Order accordingly