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Civil Petition for Special Leave to Appeal No. 83 of 1968, decided on 11th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 8th May1968, in IInd Appeal No. 52 of 1967).
----S. 13‑Default in payment of rent‑Doctrine of suspension of rent (S. 108; Transfer of Property Act, 1882), held, not available to tenant in circumstances of case.
Fakhruddin G. Ibrahim, Advocate Supreme Court instructed by Salahuddin, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing : 11th June 1968.
‑This petition arises out of the order of ejectment passed by the Rent Controller against the petitioner on 18‑11‑1965 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1958, for default in the payment of rent.
The second appeal preferred by the petitioner in the High Court was dismissed on the finding that the plea of doctrine of rent (section 108 of the Transfer of Property Act) was no available to the petitioner even if it was held that the respondent landlord had dispossessed him from a portion of the tenement for the reasons : (i) the petitioner had admittedly remitted the full amount of rent at the stipulated rate after dispossession ; and (ii) the respondent had entered upon the disputed portion of the tenement before he purchased the entire property from the original landlord. The dispossession, if any, had thus already taken effect and no new cause had accrued to the petitioner.
We concur with the learned Judges in the High Court and refuse leave to appeal.
The petition is dismissed.
Leave refused.
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