MAULA BAKHSH vs ABDUL HAMID AND 4 OTHERS — 1971 PLD 512

Citation: 1971 PLD 512

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-06

Parties: MAULA BAKHSH vs ABDUL HAMID AND 4 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 512

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Sardar Muhammad Iqbal Title: MAULA BAKHSH vs ABDUL HAMID AND 4 OTHERS Case No.: Letters Patent Appeal No, 259 of 1970 Date of Judgment:1970-11-06 Reported As: PLD 1971 Lahore 512 Result: Appeal dismissed JUDGMENT JUDGMENT ANWARUL HAQ, C. J.--This appeal under clause 10 of the Letters Patent has arisen out of an Order made by our learned brother Karam Elahee Chauhan, J. on the 29th of October 1970, dismissing the second appeal filed by the present appellant as having abated owing to the death of the respondent landlord Muhammad Ishaque and the failure of the appellant to bring his legal representatives on record within the prescribed period of ninety days. The appeal was directed against the appellate order made by the learned District Judge of Lyallpur on the 27th of November 1964, holding that the appellant had defaulted in the deposit of rent, and for that reason striking off his defence and directing him to put the landlord in possession. 2. The second appeal had been filed in this Court on the 21st of December 1964 and the landlord Muhammad Ishaque died during its pendency on the 19th of June 1967. The appellant filed an application on the 9th of October 1967 to bring on record the legal representatives of the deceased Muhammad Ishaque. The learned Judge in Chambers has held that according to the Explanation attached to subsection (4) of section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959…

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