GULZAR AHMAD PIRZADA vs ADDITIONAL DISTRICT JUDGE, LAHORE AND 2
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court upholding the petitioner's ejectment from a rented property. The landlord had filed an ejectment application against the tenant, an advocate, who was directed by the Rent Controller under Section 13(6) of the Rent Restriction Ordinance to deposit monthly rent before the 15th of every succeeding month. During the proceedings, the landlord applied to strike off the tenant's defence for delayed deposits of rent. The Rent Controller found the tenant defaulted by one day for several months without good excuse, struck off his defence, and ordered ejectment. The appellate court and the High Court dismissed the tenant's subsequent challenges. The core legal question was whether a delay of one day in depositing rent under a court order warrants striking off the defence and ejectment. The Supreme Court dismissed the petition, holding that the petitioner, being an advocate, could not plead misunderstanding of the deposit deadline, distinguishing the case from precedent where default was minor and isolated. The key principle established is that default in complying with rent deposit orders, even by a single day without valid excuse, especially by a legally trained tenant, justifies striking off defence and ejectment.
- Does a delay of one day in depositing rent under a court order justify striking off the defence?
- Can an advocate plead misunderstanding of a clear court order regarding monthly rent deposit deadlines?
- Whether the High Court's dismissal of a writ petition against an ejectment order warrants interference by the Supreme Court?
- Section 13(6), Rent Restriction Ordinance
ORDER
ASLAM RIAZ HUSSAIN, J.-The petitioner has sought Leave to Appeal against the judgment of the Lahore High Court dated 17-11-1981 in a rent case.
The petitioner had taken on rent a portion of Property No. S. 60/R-17, commonly known as 4- Mozang Road, Lahore, from Sayed Naeem Ahmad respondent No. 3 on a rent of Rs. 250 per month.
The landlord filed an application for his ejectment on various grounds. The learned Rent Controller vide his order dated 31-3-1979, ordered the petitioner to deposit the rent under section 13(6) of the Rent Restriction Ordinance, before the 15th of every succeeding month. Issues were then framed on the basis of the pleadings of the parties and evidence was led. After the parties had concluded their evidence and arguments were heard, the respondent-landlord filed an application for striking off the petitioner's defence on the ground that he had not deposited the rent for 7 months, in time, and was late by one day in each case. The learned Rent Controller heard the learned counsels for the parties and considered the grounds for delay urged by the petitioner's counsel and found that he had no good excuse to offer for the delay in depositing the rent for the months of January, 1980 and January, 1981. He, therefore, struck off the petitioner's defence and ordered his ejectment. The petitioner filed an appeal which too was dismissed. He then filed a writ petition before the High Court which also met the same fate.
Hence the present petition for Leave to Appeal.
2. The learned counsel for the petitioner vehemently argued that the was delay of only one day in each case due to misunderstanding on the part of the petitioner who thought that he was required to deposit the rent on or before the 15th of each month. As such he was 'not guilty o deliberately disobeying the order of the Court. He submitted that Leave has been granted on the question dealt with in Ch. Muhammad Siddiq v. Muhammad Rashid 1982 SCMR 536.
3. The facts of that case are distinguishable from those of the case is hand. In the first place, the defaulter in the present case was himself an Advocate who cannot be assumed to have misunderstood the order in question by any one and secondly one day's default in that case was only in respect of rent of one month only.
4. We therefore find no force in the petition which is consequently dismissed.
Cited by 4 cases
- NAMER GUL Versus JALAMBAR 2005 PLD 72
- MUHAMMAD YOUSAF vs MUHAMMAD BASHIR and others 1990 SCMR 557
- HUSSAIN MAHMOOD Versus ZAMIR-UL-HAQUE 1986 CLC 1297
- Messrs BISVIL SPINNERS Ltd. and 2 others vs AHMAD AZIZ ZIA and another 1985 CLC 1207