1988 PLP 962 (SCMR)
NAJMUDDIN and others‑‑Petitioners Versus Mst. ANTS FATIMA ‑‑Respondent
| Citation | 1988 PLP 962 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Actg. C. J., Zafar Hussain Mirza and Mian |
| Parties | NAJMUDDIN and others‑‑Petitioners Versus Mst. ANTS FATIMA ‑‑Respondent |
Q1: What are the key laws and sections cited in 1988 PLP 962 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 962 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Actg. C. J., Zafar Hussain Mirza and Mian.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 962 (SCMR) (NAJMUDDIN and others‑‑Petitioners Versus Mst. ANTS FATIMA ‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ali Akbar, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 9th September, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Sind High Court, dated 23‑?‑1987 passed in F.R.A. No.217/85). Sind Rented Premises Ordinance (XVII of 1979)‑‑ ‑‑‑S.16‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Ejectment‑ Arrears of rent‑‑Deposit of‑‑Adjustment of amount already deposited by tenant‑‑Petitioner required to deposit arrears of rent despite the fact that he had already deposited same in another case‑‑Request of petitioner for adjustment or permission to withdraw earlier deposit, not acceded to and ejectment ordered‑‑Leave to appeal granted to consider contention that adjustment of the amount and acceptance of earlier deposit of arrears would legally be proper or the amount could be ordered to be transferred, but deposit of the amount again as arrears is neither legally correct nor proper and that the amount having already been deposited, there were no arrears at all.
Judgment & Decree
MIAN BURHANUDDIN KHAN, J.‑‑The petitioner, a tenant of Plot No.187‑A/3 Bihar Colony, Karachi, deposited rent at the rate of Rs.90 per month in Misc. Rent Case No.5304/1978 from September, 1978 onwards. After about four years respondent Mst. Anis Fatima filed ejectment application being Rent Case No.2576/1982 against the petitioner on the ground of default. The learned Rent Controller, vide order, dated 17‑3‑1984 in this case passed Tentative Order of deposit of rent from May, 1979 to February, 1984, amounting to Rs.5,200.
2. The petitioner filed an application that the amount already lying deposited in Misc. Rent Case No.5304/1978 may be adjusted and the Tentative Order of rent may be modified accordingly. In the alternative, the petitioner also filed another application that the respondent or her husband may either withdraw all the rent lying deposited in aforesaid Misc. Rent Case or the petitioner be allowed to withdraw the rent from the said case and deposit the same in the ejectment proceedings filed by the respondent. The learned Rent Controller by his order dated 21‑2‑1985 struck off the defence of the petitioner. First Rent Appeal was filed by the petitioner against the said order in the High Court which was dismissed vide the impugned order dated 23‑2‑1987.
3. It is contended that the adjustment of the amount and acceptance of the said deposit of arrears would legally be proper in this case, or the amount could be ordered to be transferred, but deposit of the amount again as arrears is neither legally correct nor proper and that the amount having already been deposited there is no arrears at all and that the petitioner being poor man could not deposit the same amount again in the rent case under reference.
4. On similar point leave was granted in Civil Petitions for Leave to Appeal Nos.420/K/86 and 20/K/87. We grant leave in this petition as well. To be heard along with the said two C . P. L. As , on the present record with liberty to the parties to file further documents. Security Rs.500. Status quo, granted by the Court per order, dated 30‑8‑1987 to continue till the final decision of the appeal. M.I./N‑60/S Leave granted.