1999 PLP 3165 (MLD)
SHER MUHAMMAD — Appellant Versus MRS. QUDSIA BANO — Respondent
| Citation | 1999 PLP 3165 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SHER MUHAMMAD — Appellant Versus MRS. QUDSIA BANO — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3165 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3165 (MLD)?
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: 1999 PLP 3165 (MLD) (SHER MUHAMMAD — Appellant Versus MRS. QUDSIA BANO — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Asgher Hussain Akhtar for Appellant. Muhammad Tasneem for Respondent.
Headnotes / Summary
Ss. 16 -& 21
Default in deposit of tentative rent
Ejectment petition on basis of default in payment of rent and bona fide personal requirement
Tenant failed to deposit tentative rent and could not explain non-compliance of order of deposit of tentative rent
Held, even one default was sufficient to declare tenant a wilful defaulter.
Judgment & Decree
March, 1995 April, 1995 May, 1995 12-6-1995 June, 1995 11-7-1995 July, 1995 13-8-1995 August, 1995 September, 1995 15-10-1995 October, 1995 12-11-1995 November, 1995 13-12-1995 December, 1995 14-1-1996 January, 1996 14-2-1996 February, 1996 12-3-1996 March, 1996 11-4-1996 April, 1996 May 1996 June, 1996 11-7-1996 July, 1996 August, 1996 12-9-1996 September, 1996 14-10-1996 October, 1996 November, 1996 11-12-1996 December, 1996 January, 1997 16-2-1996 February, 1997 12-3-1997 March, 1997 12-4-1997 April, 1997 May, 1997 11-6-1997 June, 1997 11-7-1997 July, 1997 12-8-1997 August, 1997 September, 1997 13-10-1997 The above alleged defaults also find Support from the Nazir report dated 1-11-1997. Learned counsel for the appellant has not disputed the above but he has given the following statement regarding payment made by payments the appellant: Amount lying with respondent as fixed deposit. Rs. 10,000 Rent received by money order in February Rs. 1,300 Amount deposited in M. R. C. 131 of 1992 in advance . Amount deposited under the order of application under section 16(1) Rs. 15,600 Amount deposited in Rent case after passing Rent order Rs. 76,700 Total: Rs. 1,19,200 Amount due on applicant From March 1992 to March, 1998 @ Rs. 1300 per month. Rs. 93,600 Amount over paid. Rs. 25,
600. From a plain reading of the Nazirs report it is evident that the appellant with the tentative rent order as directed. Accordingly, in the did not comply absence of any explanation he is liable to be declared a wilful defaulter. In M/s Crescent Publication Service v. S. Muhammad Younas and others 1980 S C M R 779, with was held by the Hon'ble Supreme Court that even one default is sufficient to bring the case within the mischief of section 13(6) of the Ordinance XVII of 1979. Therefore, on this score alone the appeal is liable to be dismissed. Accordingly the appeal stands dismissed. The appellant is directed to vacate the premises, and hand over vacant possession to the respondent within sixty (60) days but this would be subject to payment of rent regularly according to law. Q.M.H./M.A.K./S-1711K Appeal dismissed.