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Citation: 1966 PLD 983
Court: Supreme Court of Pakistan
Year: 1970
Decision Date: 1970-12-31
Parties: MESSRS ANSARI BROTHERS (REPRESENTED BY 6 HEIRS) vs HOLY TRINITY JUDGMENT
Case cited as PLD 1966 SC 983
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:MESSRS ANSARI BROTHERS (REPRESENTED BY 6 HEIRS) vs HOLY TRINITY JUDGMENT Reported As: PLD 1971 Supreme Court 700 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.--This appeal, by special leave, arises out of the proceedings for ejectment under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959. Messrs Ansari Brothers, the appellant herein (hereinafter called the tenant), held two shops situated in Nila Gumbad, Lahore, at a monthly rental of Rs, 180. The owner of these shops is the Holy Trinity Church Trust (hereinafter called the landlord). The landlord made an application on the 21st September 1959 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter called the Ordinance) for the ejectment of the tenant on the ground of default in payment of rent. There was no dispute about the rate of rent. On the 3rd December 1959, the Rent Controller made an order directing the tenant to deposit the arrears of rent amounting to Rs, 6,480 by the 6th of January 1960 and to deposit the future monthly rent before the 5th day of each month. Being aggrieved by this order, the tenant preferred an appeal before the District Judge on the 2nd January 1960 and obtained an order from him on the 4th January 1960 staying the operation of the order of the Rent Controller till the disposal of the appeal. The appeal was…
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