Sahibzada Syed MOHAMMAD MATIN MIRZA vs JEHANGIR RUSTAMJI — 1971 SCMR 575

Citation: 1971 SCMR 575

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-18

Parties: Sahibzada Syed MOHAMMAD MATIN MIRZA vs JEHANGIR RUSTAMJI

Headnotes

Case cited as 1971 SCMR 575

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Sahibzada Syed MOHAMMAD MATIN MIRZA vs JEHANGIR RUSTAMJI Case No.: Civil Appeal No. K-46 of 1970 Second Appeal No. 122 of 1966 Date of Judgment:1971-08-18 Reported As: 1971 SCMR 575 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is an appeal by special leave from the judgment and order of a learned Single Judge of the erstwhile High Court of West Pakistan, Karachi Bench, reversing the judgments of the Rent Controller, Karachi, and the Additional District Judge, Karachi, in a second appeal under section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959. Leave was granted in this case to consider whether the concurrent findings of the Courts below that there had been defaults in the deposit of arrears of rent by the respondent were open to interference in second appeal. The circumstances, which led to the second appeal may briefly be stated as follows The respondent was a tenant of bungalow, No. 10, McNiel Road, Karachi, which was on the 1st of April 1960, transferred to the appellant under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The appellant served on the respondent a statutory notice under section 30 of the said Act, but before the expiry of the period of three months prescribed under the said section, filed a suit for the recovery of possession of the bungalow. This suit was later on withdrawn with…

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