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Petitioner: Mst. FATIMUNNISA and others VS Respondent: Mrs. ZUBAIDA
Court Name: Supreme Court of Pakistan Judge(s): Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat Title: Mst. FATIMUNNISA and others vs Mrs. ZUBAIDA Case No.: Civil Petition No,K-77 of 1984 Date of Judgment:1984-02-22 Reported As: 1990 SCMR 750 Result: Petition dismissed
Judgment ORDER ABDUL KADIR SHAIKH, J.---The Rent Controller, Karachi by the order dated 26-5.1982 directed respondent's eviction from demised premises on the ground that she had failed to deposit arrears of rent in Court by 10-11-1981 in terms of the earlier order dated 28-10-1981 passed by him. On appeal by respondent, a learned Judge of Sind High Court set aside the order of the Rent Controller, accepting the plea raised by learned counsel for the respondent that the delay in the deposit of rent in Court was due to the reason that he was not aware of the order dated 28-10-1981 as he had failed to attend the Court that day due to illness. He produced a medical certificate in support of his assertion that he was ill on 28-10-1981. ' Since we find that the High Court has condoned the delay in the deposit of rent by respondent in the lawful exercise of the discretionary jurisdiction, this is not a fit case for interference by this Court. ' The petition is dismissed in limine.