Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SALEEM VS Respondent: ADDITIONAL DISTRICT JUDGE, GUJRANWALA and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Muhammad Sair Ali Title:MUHAMMAD SALEEM vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA and
others Case No.: C.P. No, 766-L of 2011 Date of Judgment:2011-06-17 Reported As: 2011 SCMR 1557 Result: Appeal disposed of Judgment ORDER MUHAMMAD SAIR ALI, J.---Learned counsel for the respondent appeared along with respondent No,3. On instructions of respondent No, 3 and in view of this Court's order dated 8-6-2011 that the said respondent landlord concedes that the learned Rent Controller had no jurisdiction to order payment of arrears of the time barred rent for the period of sixteen months wherefor the respondent-landlord has no objection to the deduction of the same form the total arrears of rent as determined by the learned Rent Controller and upheld by other learned Tribunals etc. On the question of further accounting as to the rent payable by the petitioner and adjustment of the advance etc, the learned Advocate Supreme Court for the parties agreed that they will raise this matter before the Executing Court which is the proper forum to adjudicate thereupon. 2. In view thereof, this petition is converted into appeal and allowed as under:-- (i) Sixteen months time barred rent ordered to be recovered from the petitioner shall be deducted from the total arrears of rent determined as due; and (ii) the question of the amount of the arrears of rent due/or the adjustment of advance thereof shall be settled by the learned Executing Court. 3. Disposed of in terms noted above.
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