Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Second Appeal No. 63 of 1974, decided on 9th September, 1980.
------‑‑ S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 (4)‑Notice under S. 30 properly addressed and served on tenant and acknowledgment receipt bearing his signa ture produced‑Fact of acknowledgment receipt bearing correct address and its being signed by tenant not denied‑Contention as to service of notice under S. 30 being not in accordance with law due to postman being not produced, held, without force.
Imroz Khan v. Arbab Khan P L D 1980 Pesh. 163. distinguished.
Bashir Ahmad v. Mumtaz Khan P L D 1965 Lab. 126 and Mohomed Umar v. Hakam Khan P L D 1968 Lab. 1101 rel.
‑‑ S. 96 and O. XII, r. 22 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15‑Provisions of Civil Pro cedure Code though not applicable to rent proceedings yet its principle being beneficial could be resorted to‑First appeal heard and determined as an appeal from original decree under S. 96, C. P. C.‑Cross‑objection under O. XII, r. 22, held, could be filed by appellant in first appeal.
Muhammad Azim and others v. Muhammad Nawaz and others P L D 1961 Lab. 137 ; Muhammad Nawaz v. Muhammad Azeem P L D 1961 Lab. 788 and Muhammad Azim v. Muhammad Nawaz P L D 1966 S C 182 ref.
‑‑ S. 13‑Ejectment‑Default in payment of rent‑State of events casting heavy burden on appellant‑tenant to prove fact of payment of rent‑Inconsistencies in statements of appellant's witnesses making their evidence doubtful‑Lower Court, held, justified in not believing evidence produced on behalf of appellant tenant -Contention as to misreading of evidence on point of default, held further, not tenable.
‑‑ S. 13‑Ejectment‑Default in payment of rent‑Contention as to exercise of arbitrary discretion by Courts below neither pleaded before Courts below nor any material placed on record in such regard‑Contention, held, without force.
Sadiq Ali Khoja for Appellants.
Ahmed Ali Memon for Respondent.
Date of hearing : 9th September, 1980.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer