2011 SCMR 1557 (PLP)
MUHAMMAD SALEEM — Petitioner Versus ADDITIONAL DISTRICT JUDGE, GUJRANWALA and others — Respondents
| Citation | 2011 SCMR 1557 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Sair Ali and Khilji Arif Hussain, JJ |
| Parties | MUHAMMAD SALEEM — Petitioner Versus ADDITIONAL DISTRICT JUDGE, GUJRANWALA and others — Respondents |
| Primary Law | West Pakistan Urban Rent Restriction Ordinance (IV of 1959) |
Q1: What are the key laws and sections cited in 2011 SCMR 1557 (PLP)?
This judgment primarily cites: West Pakistan Urban Rent Restriction Ordinance (IV of 1959) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1557 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1557 (PLP) (MUHAMMAD SALEEM — Petitioner Versus ADDITIONAL DISTRICT JUDGE, GUJRANWALA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Hussain Awan, Advocate Supreme Court for Petitioner.
- Date of hearing: 17th June, 2011.
- Imran Ahmed Malik, Advocate Supreme Court with Respondent No.3 in person.
- MUHAMMAD SAIR ALI, J.---Learned counsel for the respondent appeared along with respondent No.3. On instructions of respondent No. 3 and in view of this Court's order dated 8-6-2011 that the said respondent landlord concedes that the learned Rent Controller had no jurisdiction to order payment of arrears of the time barred rent for the period of sixteen months wherefor the respondent-landlord has no objection to the deduction of the same form the total arrears of rent as determined by the learned Rent Controller and upheld by other learned Tribunals etc. On the question of further accounting as to the rent payable by the petitioner and adjustment of the advance etc, the learned Advocate Supreme Court for the parties agreed that they will raise this matter before the Executing Court which is the proper forum to adjudicate thereupon.
Headnotes / Summary
(On appeal against the. judgment dated 6-4-2011 passed by Lahore High Court, Lahore in W.P. No. 142 of 2011).
Ss. 13 & 17
Default in payment of rent by tenant
Order of Rent Controller determining total arrears of rent as due from tenant included time-barred rent
Time-barred rent ordered to be recovered from tenant would be excluded from such total rent
Question of amount of arrears of rent due and adjustment of its payment would be settled by Executing Court. Imran Ahmed Malik, Advocate Supreme Court with Respondent No.3 in person.
Judgment & Decree
MUHAMMAD SAIR ALI, J.
Learned counsel for the respondent appeared along with respondent No.3. On instructions of respondent No. 3 and in view of this Court's order dated 8-6-2011 that the said respondent landlord concedes that the learned Rent Controller had no jurisdiction to order payment of arrears of the time barred rent for the period of sixteen months wherefor the respondent-landlord has no objection to the deduction of the same form the total arrears of rent as determined by the learned Rent Controller and upheld by other learned Tribunals etc. On the question of further accounting as to the rent payable by the petitioner and adjustment of the advance etc, the learned Advocate Supreme Court for the parties agreed that they will raise this matter before the Executing Court which is the proper forum to adjudicate thereupon.
2. In view thereof, this petition is converted into appeal and allowed as under: (i) Sixteen months time barred rent ordered to be recovered from the petitioner shall be deducted from the total arrears of rent determined as due; and (ii) the question of the amount of the arrears of rent due/or the adjustment of advance thereof shall be settled by the learned Executing Court.
3. Disposed of in terms noted above. S.A.K./M-55/SC Appeal disposed of.