| Case ID |
0ad0df64-70af-4d04-ab57-ed71046c3886 |
| Body |
View case body. Login to View |
| Case Number |
S.A.O. No.159 of 2004 |
| Decision Date |
Feb 08, 2005 |
| Hearing Date |
|
| Decision |
The appeal was dismissed due to persistent non-compliance with the order under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance. The court found that the tenant had failed to deposit the rent as directed, leading to the striking off of their defense. The decision emphasized the strict nature of compliance with the ordinance, indicating that even minor delays could result in adverse outcomes for the tenant. The previous judgments cited were deemed distinguishable and not applicable to the present case, reinforcing the principle that consistent delays in rent deposits cannot be condoned. |
| Summary |
This case revolves around the West Pakistan Urban Rent Restriction Ordinance, particularly section 13(6), which mandates timely deposit of rent by tenants. The Lahore High Court dealt with a second appeal concerning the striking off of the tenant's defense due to repeated delays in rent payments. The court highlighted the importance of adhering to judicial orders, stating that the Rent Controller has no discretion once an order is violated. The ruling serves as a significant reminder for tenants about the strict enforcement of rent regulations and the implications of non-compliance. Legal practitioners and tenants alike should be aware that even minor infractions in rent payment schedules can lead to severe consequences. This ruling reinforces the need for timely rent payments and could influence future cases regarding tenant rights and landlord-tenant disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. AZMAT SAEED, J
|
| Lawyers |
Shafqat Mahmood for Appellant,
Shaukat Ali Javed for Respondents
|
| Petitioners |
JAVED HUSSAIN through Special Attorney
|
| Respondents |
Syed RIZWAN ALI SHAH and another
|
| Citations |
2005 SLD 1238,
2005 CLC 766
|
| Other Citations |
Khan Muhammad Khan Lundkhor v. Safdar Ali PLD 1967 SC 530,
Muhammad Umer v. Aisha 1981 SCMR 276,
Abdul Raaziq v. Mst. Shahida Nasreen and 2 others 1987 CLC 1530,
Muhammad Bashir v. Muhammad Siddiq and 2 others PLD 1981 Lah. 770,
Habib Bank Ltd. v. Amanullah 1986 CLC 2917
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance
|
| Sections |
13(6)
|