1981 PLP 104 (CLC)
MUHAMMAD USMAN‑Appellant Versus FAZAL KARIM‑Respondent
| Citation | 1981 PLP 104 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Sajjad Ali Shah, J |
| Parties | MUHAMMAD USMAN‑Appellant Versus FAZAL KARIM‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 104 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 104 (CLC)?
The case was heard and decided by the Karachi bench comprising: Sajjad Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 104 (CLC) (MUHAMMAD USMAN‑Appellant Versus FAZAL KARIM‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mansoorul Arfin for Appellant.
- Iqbal Kazi for Respondent.
- Dates of hearing : 27th and 31st August, 1980.
Headnotes / Summary
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13(2)(i)‑Default‑Rent payable quarterly in advance according to agreement of tenancy between appellant (landlord) and respondent (tenant)‑Appellant (landlord) accepting rent during current quarter and taking no objection to late payments‑Even no mention made in correspondence between parties of objection to late payment or non‑payment of rent in advance nor such objection made during tenancy for about 8 years‑Appellant (landlord) taking objection of default for first time in application for ejectment‑Such objection, held, belated and default condoned by appellant (landlord). (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 12 read with S. 13(2)(i)‑Deductions from rent for repairs by tenant‑Correspondence between parties not indicating landlord's taking exception to deduction of money for repairs by respondent (tenant)‑Tenant's such action, held, impliedly condoned by appellant (landlord).
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 13(2)(i)‑Default‑Rent payable quarterly in advance according to agreement of tenancy between appellant (landlord) and respondent (tenant)‑Appellant (landlord) accepting rent during current quarter and taking no objection to late payments‑Even no mention made in correspondence between parties of objection to late payment or non‑payment of rent in advance nor such objection made during tenancy for about 8 years‑Appellant (landlord) taking objection of default for first time in application for ejectment‑Such objection, held, belated and default condoned by appellant (landlord). (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑ S. 12 read with S. 13(2)(i)‑Deductions from rent for repairs by tenant‑Correspondence between parties not indicating landlord's taking exception to deduction of money for repairs by respondent (tenant)‑Tenant's such action, held, impliedly condoned by appellant (landlord). Mansoorul Arfin for Appellant. Iqbal Kazi for Respondent. Dates of hearing : 27th and 31st August, 1980.