1976 PLP 390 (SCMR)
ABDUL GHANI‑Petitioner Versus NAWAB DIN‑Respondent
| Citation | 1976 PLP 390 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Yaqub Ali. C. J. and Muhammad Gul, J |
| Parties | ABDUL GHANI‑Petitioner Versus NAWAB DIN‑Respondent |
| Primary Law | Went Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1976 PLP 390 (SCMR)?
This judgment primarily cites: Went Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 390 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Yaqub Ali. C. J. and Muhammad Gul, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 390 (SCMR) (ABDUL GHANI‑Petitioner Versus NAWAB DIN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
- Noor Ahmad Noori, Advocate‑on‑Record for Respondent.
- Date of hearing : 17th November 1975.
Headnotes / Summary
‑‑ S. 13‑Ejectment‑Deposit of arrears of rent‑Contention that tenant‑petitioner failed to comply with conditions laid down by Supreme Court while granting leave to appeal and ordering main tenance of status quo pending decision of appeal and deposited rent for a contiguous premises at a lower rate instead of that of disputed ‑premises which carried a higher rent and thereby created a facade of compliance of the Court's orders‑Charge stoutly resisted by tenant‑petitioner‑Held: Just and convenient to decide main appeal instead of delaying its decision by allowing litigation on side issues.
Judgment & Decree
MUWMMAD GUL. J. In the above petition arising out of proceedings under W. P. Ordinance VI of 1959, by order dated the 1st October 1973, leave was granted to Abdul Ghani whose ejectment had been ordered from the property bearing No. B‑VII‑S. 7/462 Sheikhupura at the instance of Nawab Din, the respondent landlord, a transferee of the same under the provisions of Act 28 of 1958. While granting leave, the petitioner's existing possession of the suit premises was also directed to continue subject to the conditions laid down to the earlier order of this Court dated 11th July 1973 namely (a) that he shall deposit all future rents beginning from the month of July 1973 by the 13th of each successive month ; and (b) that he shall furnish security for the entire amount of arrears to be determined by the Rent Controller within one month .of such determination. Nawab Din respondent has now applied that the petitioner has failed to comply with the above two conditions and that on an enquiry from the learned Rent Controller, it transpired that Abdul Ghani had been depositing rent at the rate of Rs. 3 which according to the assessment register was rent of the contiguous premise bearing property No. B‑VIIi‑S. 7/466 of which Abdul Ghani petitioner was the transferee. I his according to the respondent was to create a facade the he had been complying with this Court's order subject to which he was allowed to continue the possession of the premises in dispute, though the monthly rental of the suit premise is Rs.
25. Abdul Ghani has, in his rejoinder, stoutly resisted the above allegation. We have heard the parties' learned counsel and we consider it just and convenient to decide the main appeal Instead of delaying its decision which would be the inevitable result if the parties are allowed to embark upon litigation on side issues arising in the case. Accordingly, we direct that the main appeal shall be heard at Rawal pindi on the present record during the week commencing from 21‑11‑1975. Order accordingly.