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1981 SCMR 952

MUHAMMAD BAQIR QURESHI vs Mst. RAZIA BEGUM

Citation1981 SCMR 952
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 592 of 1979 S. A. O. No. 633 of
Date1979-11-18
Judge(s)Aslam Riaz Hussain, Karam Elahi Chauhan
ResultLeave granted

ORDER

KARAM ELAHEE CHAUHAN, J.-Learned counsel has argued that under, the West Pakistan Urban Rent Restriction Ordinance VI of 1959, no eviction of a tenant can be ordered if he fails to make payment of rent in advance , even though this was the agreement between the parties. He submits that despite the existence of any such agreement - the Ordinance takes note of default only not paid up to sixty days from the date it was due which date always is the end of the relevant month and not any date in advance thereof. For this proposition he relies upon Iltaf Hussain v. TaibHussain ( PLD 1977 Lah. 110)and Muhammad Ashraf v. Muhammad .4nwar (PLD 1975 Pesh. 254)

2. He further submitted that the other ground for eviction of his client was the personal need of the landlady but on that point he was not allowed to address arguments and the High Court recorded its order without hearing the petitioner observing that it was a conclusive finding of fact. In this respect he refers to para 10 of the High Court judgment.

3. The points raised require consideration. Leave to appeal is granted. Security Rs. 500. Status quo meanwhile subject to regular payment of rent in B accordance with section 13 of the Ordinance Case to be made ready for fixation within six months. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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