RABIA versus YOUSAF

Section 13 (6) default tenant who is evacuated due to a misunderstanding of default in payment of rent arrears by a 75 year old man and rent controller, orders for respondents' lawyer at the time the order is approved Does not exist and is likely to have a misconduct order on which it was separated with [case remand].

1981 C L C 1361

[Karachi]

Before Abdul Hayee Kureshi, J

Mst. RABIA ---‑Appellant

versus

YOUSAF‑Respondent

Second Appeal No. 238 of 1977, decided on 18th August, 1979.

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

‑‑‑ S. 13(6).‑ Eviction‑Wilful default‑Tenant an old man of 75 and default in payment of arrears of rent within time allowed by Rent Controller caused due to misunderstanding‑Fact of respon dent having deposited full arrears of rent before due date showing his intention to comply with orders‑Respondent's Advocate patently not present at time rent order passed and probability of his misunderstanding order existing‑No circum stance relating to an inference of default being wilful or caused by negligence, existing ‑ Record of case in circumstances remanded to trial Court for proceeding from stage at which it had been parted with ‑[Remand of case].

Saeedan Bibi v. Ali Hussain 1975 S C M R 261 ref.

Khuda Bux Omrani for Appellant.

Aftab Ahmad Alvi for Respondent.

Date of hearing : 18th August, 1979.

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