Mst. TAIYABA KHATOON vs MOHAMMAD FARIDUDDIN — 1971 PLD 747

Citation: 1971 PLD 747

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-18

Parties: Mst. TAIYABA KHATOON vs MOHAMMAD FARIDUDDIN

Headnotes

Case cited as PLD 1971 Karachi 747

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: Mst. TAIYABA KHATOON vs MOHAMMAD FARIDUDDIN Case No.: Civil Second Appeals Nos, 230 and 450 of 1967 Date of Judgment:1971-03-18 Reported As: PLD 1971 Karachi 747 Result: Appeal accepted JUDGMENT JUDGMENT The facts which form the background of these two appeals are that Muhammad Fariduddin is the tenant of house No, C-7/1, Pak Colony, Karachi. The house belongs to Mst. Tayyaba Khatoon. There is no dispute in this case about the existence of the relationship of landlord and tenant or the rate of rent. 2. On the 15th of January 1964, Mst. Tayyaba Khatoon applied for the ejectment of Muhammad Fariduddin from the above-mentioned house on three grounds, namely:-- (1)that Muhammad Fariduddin had committed default in the payment of rent, (2)that the house was needed for the personal use of Mst. Tayyaba Khatoon and her children, and (3)that Muhammad Fariduddin had damaged the house. 3. The Rent Controller ordered on the 1st of May 1964, that Muhammad Fariduddin should deposit arrears of rent before the 5th of May 1964 and continue to deposit the current rent before the 5th of every month. The current rent was deposited on the 6th of May 1964 and an application was made for condonation of delay. That application was accepted without notice to Mst. Tayyaba Khatoon. 4. On the 28th of September 1964, Mst. Tayyaba Khatoon applied that the defence of Muhammad Fariduddin be struck off for not depositing rent in accordance…

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