MUHAMMAD SAEED vs Syed NIAZ ALI SHAH — 1972 SCMR 30

Citation: 1972 SCMR 30

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-03

Parties: MUHAMMAD SAEED vs Syed NIAZ ALI SHAH

Headnotes

Case cited as 1972 SCMR 30

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD SAEED vs Syed NIAZ ALI SHAH Case No.:Civil Petition for Special Leave to Appeal No. 209 of 1971 S. A. O. No. 205 of 1971 Date of Judgment:1971-12-03 Reported As: 1972 SCMR 30 Result: Petition dismissed Judgment ORDER SALAHUDDIN AHMED, J.-In this leave petition the order of the Rent Controller directing deposit of arrears of rent under section 13(6) of West Pakistan Urban Rent Restriction Ordin--ance, 1969 and his subsequent order of ejectment dated 22-3-1971, have been challenged as illegal. It appears that the petitioner was originally a tenant of the disputed shop under the respondent's father Syed Khurshid A.I Shah. Upon Khurshid A.I Shah's death the petitioner executed a rent deed on 10-4-1970 in favour of the respondent, son of the said late Khurshid A.I and agreed to pay rent at the rate of Rs. 160 p.m. The petitioner, who is present in person before us, has admitted the execution of the aforesaid rent deed but denied that he had agreed to pay rent at the said rate. It is thus evident that the relationship of landlord and tenant has been well established. The Rent Controller is, therefore, right when he said that the petitioner had admitted the tenancy. The petitioner having committed default in the payment of rent as ordered by the Rent Controller, the Rent Controller had no other alternative but to direct that the petitioner should put the respondent in…

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