1981 PLP 347 (CLC)
KHUSRO ALAM HYDRI‑Appellant Versus Mst. IQBAL BEGUM‑Respondent
| Citation | 1981 PLP 347 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Tanzil‑ur‑Rehman, J |
| Parties | KHUSRO ALAM HYDRI‑Appellant Versus Mst. IQBAL BEGUM‑Respondent |
| Primary Law | West Pakistan Urban Rent Restriction ordinance (vi of 1959)‑‑ |
Q1: What are the key laws and sections cited in 1981 PLP 347 (CLC)?
This judgment primarily cites: 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 347 (CLC)?
The case was heard and decided by the Karachi bench comprising: Tanzil‑ur‑Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 347 (CLC) (KHUSRO ALAM HYDRI‑Appellant Versus Mst. IQBAL BEGUM‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Hamid Ali Rizvi for Appellant.
- Khalilur Rahman for Respondent.
- Date of hearing : 8th September 1980.
Headnotes / Summary
S. 13 read with Transfer of Property Act (IV of 1882), S. 53‑A Ejectment‑Agreement to sell‑Landlord and tenant, relationship of‑ Question whether liability of tenant entering into contract with landlord for sale of property in his tenancy ceases ipso facto without any stipulation in contract to such effect‑Held : No stipulation having been made about continuation or cessation of tenancy prior to execution of contract for sale of property tenant deemed to be a tenant holding over, relationship of tenant and landlord continued, liability of appellant/tenant to pay rent to respondent/landlord continued and tenant on failure to pay rent liable to ejectment‑West Pakistan Urban Rent Restriction Ordinance, 1959 being a special law, provision of S. 53‑A of Transfer of Property Act, 1882, held further, no bar to ejectment of tenant wilfully defaulting in making payment of rent to landlord notwithstanding tenant having an agreement for sale of property in his favour and having done some act in furtherance thereof unless tenant shown to be continuing in possession in part performance of contract‑ [Hassan Abbas v. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise & Taxation, Karachi P L D 1971 S C 114 ; Bachu Bat r E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commis sioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable].‑[Interpretation pf statutes]. Hassan Abbasv. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise and Taxation, Karachi P L D 1971 S C 114 ; Bachu Bai F. E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commissioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable. Jan Muhammad v. Ghulam Ghous 1976 S C M R 141 rel.
Judgment & Decree
Second Appeal No. 57 of 1976, decided on 12th October 1980. S. 13 read with Transfer of Property Act (IV of 1882), S. 53‑A Ejectment‑Agreement to sell‑Landlord and tenant, relationship of‑ Question whether liability of tenant entering into contract with landlord for sale of property in his tenancy ceases ipso facto without any stipulation in contract to such effect‑Held : No stipulation having been made about continuation or cessation of tenancy prior to execution of contract for sale of property tenant deemed to be a tenant holding over, relationship of tenant and landlord continued, liability of appellant/tenant to pay rent to respondent/landlord continued and tenant on failure to pay rent liable to ejectment‑West Pakistan Urban Rent Restriction Ordinance, 1959 being a special law, provision of S. 53‑A of Transfer of Property Act, 1882, held further, no bar to ejectment of tenant wilfully defaulting in making payment of rent to landlord notwithstanding tenant having an agreement for sale of property in his favour and having done some act in furtherance thereof unless tenant shown to be continuing in possession in part performance of contract‑ [Hassan Abbas v. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise & Taxation, Karachi P L D 1971 S C 114 ; Bachu Bat r E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commis sioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable].‑[Interpretation pf statutes]. Hassan Abbasv. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise and Taxation, Karachi P L D 1971 S C 114 ; Bachu Bai F. E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commissioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable. Jan Muhammad v. Ghulam Ghous 1976 S C M R 141 rel. S. Hamid Ali Rizvi for Appellant. Khalilur Rahman for Respondent. Date of hearing : 8th September 1980.