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Petitioner: MUHAMMAD YOUNUS and another VS Respondent: Mst. HAJIRA BI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Zaffar Hussain Mirza Title: MUHAMMAD YOUNUS and another vs Mst. HAJIRA BI Case No.: Civil Petition for Leave to Appeal No, 407-K of 1987 Date of Judgment:1989-02-11 Reported As: 1989 SCMR 1670 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The landlord's side in a rented premises dispute had sought leave to appeal against the acceptance of respondent's First Rent Appeal by the High Court. ' The respondent/tenant was ordered to be evicted by a learned Rent Controller on the grounds of default and nuisance. The High Court on facts found that it was not a case of nuisance. Regarding the issue of default it was held that the rent having been paid within sixty days of the default this ground was not available against the tenant. Accordingly the eviction order was set aside. Leave to appeal has now been sought. Learned counsel has tried to argue on factual side that the conduct of the respondent amounted to actionable nuisance. We after hearing him on this point do not find any material defect in the appraisement of evidence by the High Court. The order in this behalf does not suffer from any infirmity, legal or otherwise. ' On the question of default it might be possible in the facts of this case to hold that the rent should have been paid within 15 days of default and hence there was a default of over a month. But in that behalf the tenant, again in the facts and circumstances of this case, was entitled to exercise of discretion in his favour. ' This petition, therefore, fails and thus leave to appeal is refused.
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