Appellant vs Respondent — 1972 PLD 9

Citation: 1972 PLD 9

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1972 Supreme Court 9

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: PLD 1972 Supreme Court 9 Result: Appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave is directed against the judgment of a Division Bench of the erstwhile High Court of West Pakistan in a Letters Patent Appeal arising out of a proceeding under the West Pakistan Urban Rent Restriction Ordinance (VI of 1959). The appellant, who was a tenant of an open site of land situated at 4, Mozang Road, Lahore, was sought to be evicted therefrom on the ground of non-payment of rent from 7-2-60 to 7-12-60 by the respondent who was the owner of the land. The summons of the proceeding initiated by the respondent under section 13 of the above- mentioned Ordinance was served under Order V, rule 20 of the Code of Civil Procedure through substituted service as the appellant was not to be found at the premises. On the date fixed for appearance in the summons, namely, the 4th of September 1961, one Sargul, a nephew of the appellant, appeared before the Rent Controller and verbally informed him that the appellant was out of Lahore. The Rent Controller thereupon adjourned the case to 7-10-1961 both for entering appearance as well as for filing the written statement. On the latter date, again, the appellant did not appear but his nephew, who was looking after the firewood business carried on at the premises by the appellant, appeared and…

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