1981 PLP 1126 (CLC)
SAIFUDDIN‑Appellant Versus Haji FIDA HUSSAIN‑ — Respondent
| Citation | 1981 PLP 1126 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SAIFUDDIN‑Appellant Versus Haji FIDA HUSSAIN‑ — Respondent |
| Primary Law | (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) |
Q1: What are the key laws and sections cited in 1981 PLP 1126 (CLC)?
This judgment primarily cites: (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1126 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1126 (CLC) (SAIFUDDIN‑Appellant Versus Haji FIDA HUSSAIN‑ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munawar Abbas for Respondent.
Headnotes / Summary
S. 13(2)(i)‑Ejectment‑Discretion‑Landlord in second ejectment application neither disclosing fact of filing of previous ejectment application nor tenant's depositing of rent and arrears of rent nor his refusal of tenant's money orders‑Tenant not able to show discretion exercised by Rent Controller having been arbitrary or capricious‑‑Rent Controller, held, had discretion to dismiss rent application on any consideration permissible under S. 13 and High Court cannot interfere with concurrent findings of two Courts below in second appeal.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
S.14‑Res judicata‑
Landlord's application for ejectment of tenant dismissed for non‑prosecution‑Tenant in pursuance for default of rent order, in such case depositing arrears of rent and monthly rent during pendency of application and‑ landlord also refusing tenant's money orders‑Landlord filing second ejectment application on ground of same default‑Tenant not raising plea of res judicata either before Rent Controller or appellate Court or even in High Court Held, landlord's second rent application not barred by res judicata and landlord entitled to urge default, subject‑matter of first rent appli cation, dismissed in default.‑[Res judicata]. Samiullah v. Muhammad Saleem, District Judge, Rawalpindi and 2 others 1971 S C M 'R 725; Muhammad Hanif v. Dr. S. Mozammil Ali 1981 C L C 327; Haji Fida Hussain v. Muhammad Ibrahim Khan 1972 S C M R 262 ; Allahrakha v. Muhammad Shafi 1978 S C M R 437 and Sadiq Hassan v. Mst. Khurshid Fatima and another 1978 S C M R 130 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
S. 13(2)(i)‑Ejectment‑Discretion‑Landlord in second ejectment application neither disclosing fact of filing of previous ejectment application nor tenant's depositing of rent and arrears of rent nor his refusal of tenant's money orders‑Tenant not able to show discretion exercised by Rent Controller having been arbitrary or capricious‑‑Rent Controller, held, had discretion to dismiss rent application on any consideration permissible under S. 13 and High Court cannot interfere with concurrent findings of two Courts below in second appeal. S. Zaheer Haman for Appellant. Munawar Abbas for Respondent. Date of hearing : 12th March, 1981.