MUHAMMAD ISMAIL vs Mian MUHAMMAD AMAULLAH — 1971 SCMR 323

Citation: 1971 SCMR 323

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-10

Parties: MUHAMMAD ISMAIL vs Mian MUHAMMAD AMAULLAH

Headnotes

Case cited as 1971 SCMR 323

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD ISMAIL vs Mian MUHAMMAD AMAULLAH Case No.:Civil Petition for Special Leave to Appeal No. 262 of 1970 S. A. O. No. 372 of 1970 Date of Judgment:1971-03-10 Reported As: 1971 SCMR 323 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The respondent moved an application for ejectment of the petitioner from a building site situated in Lyallpur on the ground of default in payment of rent for four months. The Rent Controller found that the petitioner had made an oral tender of rent which was declined by the respondent and dismissed the application. On appeal by the respondent the District Judge came to the contrary conclusion and held that there was no oral tender of rent by the petitioner and in view of default for four consecutive months, he allowed the application and ordered ejectment of the petitioner. A second appeal preferred by the petitioner was dismissed by the High Court on the ground that the finding by the First Appellate Court that there was default in payment for four months was not open to challenge under section 101, C. P. C. The petitioner now seeks leave to appeal inter alia on the ground that in the circumstances of the case the discretion vested in the District Judge under section 13 of the Rent Restriction Ordinance as appellate authority was not properly exercised. It was contended that the petitioner has erected a building on the leased…

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