1984 PLP (1) (CLC)
AbduL AZIZ JANJUA‑‑Petitioner Versus Mst. GHULAM FATIMA and 2 others‑‑Respondents
| Citation | 1984 PLP (1) (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abaid UZZah Khan, J |
| Parties | AbduL AZIZ JANJUA‑‑Petitioner Versus Mst. GHULAM FATIMA and 2 others‑‑Respondents |
| Primary Law | Provisional Constitution Order (1 of 1981)‑‑, ORDER |
Q1: What are the key laws and sections cited in 1984 PLP (1) (CLC)?
This judgment primarily cites: Provisional Constitution Order (1 of 1981)‑‑, ORDER as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP (1) (CLC)?
The case was heard and decided by the Lahore bench comprising: Abaid UZZah Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP (1) (CLC) (AbduL AZIZ JANJUA‑‑Petitioner Versus Mst. GHULAM FATIMA and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akbar Cheema for Petitioner.
Headnotes / Summary
‑‑‑Art.9‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.i3(6)‑‑Ejectment application‑‑Default in deposit of rent in Court‑ Tenant's defence struck off‑‑Tenant contending that deposit challan forms were got signed by him within time from Rent Controller but he failed to deposit rent due to his serious illness‑‑Constitutional petition admitted to consider whether default of tenant could be struck off in circumstances. Din Muhammad v. Umar Hayat 1981 S C M R 326; Muhammad Ibrahim v. Ghulam Nabi P L 0 1980 Lah. 619 and Zahid Hussain Khan v. Muhammad Abdullah P L D 1979 Kar. 628 ref. On the strength of the rule laid down in Din Muhammad v. Umar Hayat 1981 S C M R 326, Muhammad Ibrahim v. Ghulam Nabi P L D 1980 Lah.619 and Zahid Hussain Khan v. Muhammad Abdullah P L D 1979 Kar. 628 it is contended that though the petitioner had got the challan forms signed by the learned Rent Controller on the 12th June, 1982, yet he could not deposit the amount of rent till the 15th June, 1982, because he had seriously fallen?, ill and that he made the deposit on the 16th June, 1982, and as the default was due to unavoidable circumstances beyond his control his defence could not have been struck off. Admit. Notice.
2. Subject to notice operation of the impugned orders of the learned Rent Controller and the learned Additional District Judge are suspended. M.B.A. Petition admitted.
Judgment & Decree
Writ Petition No.2288 of 1983, decided on 4th June, 1983. ‑‑‑Art.9‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.i3(6)‑‑Ejectment application‑‑Default in deposit of rent in Court‑ Tenant's defence struck off‑‑Tenant contending that deposit challan forms were got signed by him within time from Rent Controller but he failed to deposit rent due to his serious illness‑‑Constitutional petition admitted to consider whether default of tenant could be struck off in circumstances. Din Muhammad v. Umar Hayat 1981 S C M R 326; Muhammad Ibrahim v. Ghulam Nabi P L 0 1980 Lah. 619 and Zahid Hussain Khan v. Muhammad Abdullah P L D 1979 Kar. 628 ref. Muhammad Akbar Cheema for Petitioner. On the strength of the rule laid down in Din Muhammad v. Umar Hayat 1981 S C M R 326, Muhammad Ibrahim v. Ghulam Nabi P L D 1980 Lah.619 and Zahid Hussain Khan v. Muhammad Abdullah P L D 1979 Kar. 628 it is contended that though the petitioner had got the challan forms signed by the learned Rent Controller on the 12th June, 1982, yet he could not deposit the amount of rent till the 15th June, 1982, because he had seriously fallen?, ill and that he made the deposit on the 16th June, 1982, and as the default was due to unavoidable circumstances beyond his control his defence could not have been struck off. Admit. Notice.
2. Subject to notice operation of the impugned orders of the learned Rent Controller and the learned Additional District Judge are suspended. M.B.A. Petition admitted.