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RAZIA WABID versus SHAH DIG


Section 13 discloses the tenant's security deposit return agreement, which shows the parties' intention to apply for the cost of repairs to the security deposit in the first case and to provide a return to the tenant's vacant home. Tenant does not vacate, non-refundable and out-of-rent rent satisfaction request

1981 C L C 662

[Karachi]

Before Abdul Hayee Kureshi, J

DR. RAZIA WAHID‑Appellant

versus

SHAH DIN AND 6 OTHERS‑Respondents

Second Appeal No. 249 of 1974, decided on 25th February, 1980.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

‑‑ S. 13‑Eviction of tenant‑Security deposit‑Refund‑Lease agree ment manifesting intention of parties as to security deposit being in first instance applied for cost of repairs to house in question and providing for its refund on tenant's vacating house‑Tenant not vacating house‑Security deposit, held, not refundable and question of application of deposit in satisfaction of accruing rent out of question.

Syed Shafiuddln v. Abdul Hakim Khan P L D 1978 Kar 149 fol.

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

_‑‑ S. 2(i)‑Tenancy, continuation of‑Agreement of tenancy for 11 moths not registered‑Tenant continuing to occupy premises after 11; months‑Agreement, held, did not require registration and tenant continued in possession as tenant even after 11 months.

Muhammad Sharif v. Muhammad Sharif and 3 others P L D 1971 Lah. 610 rel.

Mushtaque Memon for Appellant.

Mustafa Lakhani for Respondents.

Date of hearing : 25th February, 1980.

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