S. A. K. HASHMI vs Syed ZAFAR AHMAD — 1984 CLC 2325

Citation: 1984 CLC 2325

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-13

Parties: S. A. K. HASHMI vs Syed ZAFAR AHMAD

Headnotes

Case cited as 1984 CLC 2325

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: S. A. K. HASHMI vs Syed ZAFAR AHMAD Case No.: Civil Revision Application No, 205 of 1971 Date of Judgment:1971-12-13 Reported As: 1984 CLC 2325 Result: Appeal dismissed JUDGMENT JUDGMENT The applicant is a tenant of the respondent and on the allegation that he had not paid rent, the respondent filed a distress warrant application against him in the Small Causes Court, Karachi. Rent was claimed in this application at the rate of Rs, 100 per month plus Rs, 10 for electricity and the arrears were for the period of one year from 1st April, 1970 to 31st March, 1971. The applicant contested the applications, and filed his objections on 26th April, 1971. The pleas taken by him in these objections were that he paid the rent upto March, 1971, therefore the application was frivolous. The only other plea advanced by him was that the respondent should be directed to take a special oath and he (the applicant) was willing to abide by the result. The objections came up for hearing on 7th May, 1971 and as the applicant and his counsel were absent, the objections were dismissed and a distress warrant was ordered to be issued. However, on 11th May, 1971 the applicant filed a restoration application which was allowed. I may further point out here that in his affidavit in support of this restoration application, the applicant stated that he had remitted the rent for March, 1971 by money order to the respondent. He has also stated that,…

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