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Citation: 1972 SCMR 384
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Parties: MESSRS TEXTILE TRADING COMPANY LTD. vs Syed JALILUR REHMAN AND 7 JUDGMENT
Case cited as 1972 SCMR 384
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman Title:MESSRS TEXTILE TRADING COMPANY LTD. vs Syed JALILUR REHMAN AND 7 JUDGMENT Reported As: 1972 SCMR 384 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from the order of a learned Single Judge of the High Court of Sind & Baluchistan allowing the second appeal of the respondents under the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter called the Ordinance). The petitioner is a Limited Company and has been a tenant in respect of the shop in question, situated in Gordhandas Cloth Market, Bunder Road, Karachi since the year 1947. On 17-9-1965 the respondents applied under section 13 of the Ordinance for eviction of the petitioner on the ground of default in payment of rents from September 1964 to 31st August 1965. The rents were claimed at the monthly rate of Rs. 82.50 Paisa plus taxes Rs. 27.50 Paisa totalling an amount of Rs. 110 per month. The petitioner contested the application for eviction and denied that he was a defaulter. His case was that the rent collector of the respondents used to come at intervals of several months and collected the rents in a lump sum for the period for which the rents were due. As the rent collector failed to turn up for collection of rents since September 1964, the aforesaid rents got accumulated. It was thus---claimed that the application eviction was mala fide. The Civil Judge, 1st…
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