P L D 1992 Karachi 144 (PLP)
Engineer Telegraphs, Hyderabad‑‑Appellant Versus MUHAMMAD ABBAS‑‑Respondent
| Citation | P L D 1992 Karachi 144 (PLP) |
| Forum / Court | |
| Bench Members | Haziqul Khairi, J |
| Parties | Engineer Telegraphs, Hyderabad‑‑Appellant Versus MUHAMMAD ABBAS‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1992 Karachi 144 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1992 Karachi 144 (PLP)?
The case was heard and decided by the bench comprising: Haziqul Khairi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1992 Karachi 144 (PLP) (Engineer Telegraphs, Hyderabad‑‑Appellant Versus MUHAMMAD ABBAS‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Hassan Mehmood Baig for Appellant. Abdul Hamid Khan for Respondent.
- Dates of hearing: 8th, 9th, 16th and 17th September, 1991,
Headnotes / Summary
(a) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ Appeal accepted ‑‑‑‑ S. 16(l)‑‑‑Section 16(l) contemplates two different and distinct orders; one relating to arrears of rent for which ' Rent Controller has discretion to fix any date and another relating to deposit of future rent which in consonance with the statutory period should be on or before 10th of each month ‑‑‑ Order of Rent Controller in violation of provision of S. 16(l) directing tenant to deposit future rent on 7th of each month was set aside. (b) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ ‑‑‑‑ S.16(1) ‑‑‑ Rent Controller directing tenant to deposit future monthly rent in Court in cash ‑‑‑ Tenant, a Government Department tendering cheques and Rent Controller directing Nazir to accept cheques towards payment of rent‑‑ Held, earlier order, in circumstances, directing deposit of rent in cash stood modified. (c) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ S. 16(l) ‑‑‑ Cheques towards payment of future monthly rent deposited in Court within date fixed by Rent Controller ‑‑‑ If any delay was caused by Nazir of the Court. in sending cheque to Bank for clearance, tenant was not liable: (d) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ ‑‑‑‑ S.‑16(2) ‑‑‑ Application of landlord for striking off defence of tenant for not depositing monthly rent in time ‑‑‑ Contention by tenant that rent was deposited in due time and tenant's Bank statement showing dates of drawing of cheques and their clearance ‑‑‑ Rent Controller without adverting to Bank statement and without taking same into consideration had struck off defence‑‑‑Such order of Rent Controller was set aside.
Judgment & Decree
‑‑‑‑ S. 16(l)‑‑‑Section 16(l) contemplates two different and distinct orders; one relating to arrears of rent for which ' Rent Controller has discretion to fix any date and another relating to deposit of future rent which in consonance with the statutory period should be on or before 10th of each month ‑‑‑ Order of Rent Controller in violation of provision of S. 16(l) directing tenant to deposit future rent on 7th of each month was set aside. (b) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ ‑‑‑‑ S.16(1) ‑‑‑ Rent Controller directing tenant to deposit future monthly rent in Court in cash ‑‑‑ Tenant, a Government Department tendering cheques and Rent Controller directing Nazir to accept cheques towards payment of rent‑‑ Held, earlier order, in circumstances, directing deposit of rent in cash stood modified. (c) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ S. 16(l) ‑‑‑ Cheques towards payment of future monthly rent deposited in Court within date fixed by Rent Controller ‑‑‑ If any delay was caused by Nazir of the Court. in sending cheque to Bank for clearance, tenant was not liable: (d) Sindh Rented Premises Ordinance (XVII of 1979)‑‑ ‑‑‑‑ S.‑16(2) ‑‑‑ Application of landlord for striking off defence of tenant for not depositing monthly rent in time ‑‑‑ Contention by tenant that rent was deposited in due time and tenant's Bank statement showing dates of drawing of cheques and their clearance ‑‑‑ Rent Controller without adverting to Bank statement and without taking same into consideration had struck off defence‑‑‑Such order of Rent Controller was set aside. Hassan Mehmood Baig for Appellant. Abdul Hamid Khan for Respondent. Dates of hearing: 8th, 9th, 16th and 17th September, 1991,