Mian MUHAMMAD ABDULLAH vs Sheikh NAWAB DIN — 1971 SCMR 336

Citation: 1971 SCMR 336

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-12

Parties: Mian MUHAMMAD ABDULLAH vs Sheikh NAWAB DIN

Headnotes

Case cited as 1971 SCMR 336

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: Mian MUHAMMAD ABDULLAH vs Sheikh NAWAB DIN Case No.: Civil Appeal No. 45 of 1970 Date of Judgment:1971-03-12 Reported As: 1971 SCMR 336 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.--This appeal by special leave is from an order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, allowing the respondent's second appeal and remanding the case to the Rent Controller to pass a fresh order for the deposit of rent in accordance with law. The respondent is a tenant under the appellant in respect of a shop. On 8-9-1966, the appellant applied before the Rent Controller for ejectment of the respondent under section 13 of West Pakistan Urban Rent Restriction Ordinance (VI of 1959), on the ground that the latter had defaulted to pay rent for the period from 17-1-1966 to 16-8-1966. On 18-3-1967, the Rent Controller without determining the approximate amount of rents due, as was required under section 13(6) of the said Ordinance in the case of any dispute about the amount of rent due, ordered the respondent to deposit arrears of rent for the period 17-1-1966 to 28-2-1967, by 15th April 1967, and further that he shall continue to deposit future rent before the 15th of each succeeding month. The Rent Controller also directed that the rent, if any, already deposited shall be adjusted. The appellant's case is that the respondent having failed to…

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