MAULA BAKHSH vs ABDUL HAMID AND 4 Other — 1971 SCMR 145

Citation: 1971 SCMR 145

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MAULA BAKHSH vs ABDUL HAMID AND 4 Other

Headnotes

Case cited as 1971 SCMR 145

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MAULA BAKHSH vs ABDUL HAMID AND 4 Other Case No.:Civil Petition for Special Leave to Appeal No. 293 of 1970 Letters Patent JUDGMENT Reported As: 1971 SCMR 145 Result: Leave refused Judgment JUDGMENT M, R. KHAN, J.-This Petition for special leave to appeal is directed against the judgment and order of the Lahore High Court dismissing the petitioner's Letters Patent Appeal. Muhammad Ishaq, the predecessor-in-interest of the respondents, made an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance for ejectment of the petitioner from shop No. P-23/B, situated in Aminpur Bazar, Lyalipur. The Rent Controller directed the petitioner to deposit arrear rent and also future rent. As this direction was not complied with by the petitioner, the landlord made an application to strike off the petitioner's defence. This prayer of the landlord was refused whereupon an appeal was taken by the landlord to the District Judge, Lyallpur. The learned District Judge held that the petitioner had defaulted in depositing rent as directed by the Rent Controller, and, accordingly, ordered the defence of the petitioner to be struck off. The petitioner then preferred a second appeal which was heard and disposed of by a learned Single Judge of the High Court. During the pendency of the second appeal, Muhammad Ishaq, the original landlord died on the 19th June 1967.…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.