Sh. MUHAMMAD HASAN & Co. vs Mian MAHMOOD AHMAD KHAN
This matter arose from a petition filed by a tenant challenging an order of ejectment passed against him on the ground of default in the payment of rent. While the Rent Controller initially exercised discretion in the tenant's favor upon finding that the default was not deliberate, the appellate/High Court forum reversed this determination. The core legal question was whether an alleged practice of paying rent in lump sums every six to twelve months could constitute an implied contract overriding statutory default provisions. The Supreme Court upheld the decision against the tenant, noting that the alleged practice was neither properly pleaded in the written statement nor proven by the evidence. The Court held that, in any event, any alleged implied contract or practice contrary to Section 13(2) of the West Pakistan Urban Rent Restriction Ordinance 1959 cannot prevail over the express statutory command. To claim protection under Section 13, a tenant must strictly comply with its terms and avoid falling within the mischief of Section 13(2). Consequently, the petition was dismissed.
- Can a practice or implied contract regarding payment of rent prevail over the express provisions of Section 13(2) of the West Pakistan Urban Rent Restriction Ordinance 1959?
- Can a tenant claim protection under Section 13 of the West Pakistan Urban Rent Restriction Ordinance 1959 if their conduct falls within the scope of default under Section 13(2)?
- Section 13, West Pakistan Urban Rent Restriction Ordinance 1959
- Section 13(2), West Pakistan Urban Rent Restriction Ordinance 1959
ORDER
1. ' SALAHUDDIN AHMED, J.-The petitioner is a tenant, and be has been aggrieved by an order of ejectment passed against him on the ground of default in payment of rent.
2. ' The Rent Controller had found that the default was not deliberate, and accordingly exercised his discretion in favour of the tenant and disallowed ejectment.
3. ' The petitioner's contention has been that a practice grow up, and he paid rents in a lump sum every six months, or one year. He, however, failed to prove this practice, and this is evident from the instances he gave at pages 25-26 of the paper book.
4. The learned Single Judge has rightly observed that the implied contract on the basis of the aforesaid practice was not pleased by the petitioner in his written statement, and that in any event such a contract was contrary to the provisions of section 13(2) of West Pakistan Urban Rent Restriction Ordinance (VI of 1959), and, therefore, the former could not prevail over the latter. The petitioner has failed to controvert this legal position.
5. ' The petitioner claims benefit under section 13 of the said Ordinance, and he can, therefore, do so only if his case does not fall within the mischief of section 13(2) of the Ordinance.
6. ' There is no substance in the petition and it is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 20 cases
- MUJEEBUR REHMAN vs ZAFAR ALI KHAN 2004 CLC 189
- Syed SHABBIR AHMED vs Sheikh MUHAMMAD ASHRAF 2000 CLC 1786
- JAMEEL SONS & COMPANY Versus MUHAMMAD ASLAM 1992 MLD 1021
- Mrs. ANTHONY vs RIAZ AHMED MALIK 1985 CLC 1309
- SHAHRIYAR ALI PATUDI AND 3 OTHERs vs MESSRS DECORA FURNISHERS 1985 PLD Karachi 47
- MUHAMMAD vs MUHAMMAD and 3 others 1984 MLD 1116
- Messrs EAST AND WEST CORPORATION vs S. M YOUN US and 2 others 1985 CLC 241
- TANVEER RAZA vs M.KHALID MAHMOOD and 4 others 1984 MLD 80
- ASIAN TRADERS vs Messrs LAKHANY BROTHERS 1985 CLC 21
- MUHAMMAD KABIRUDDIN Versus JALIL AHMAD 1984 MLD 82
- MAHMOOD AHMED vs MUHAMMAD NAWAZ AHMED, ADVOCATE 1984 CLC 1067
- GHULAM ABBAS ADAMALI JEEVAJI vs N. HASSAN ALI & Co./Opponent 1984 PLD Karachi 373
- MAHBOOB ALI vs ABDUL MANAN AND 2 OTHERS 1984 CLC 1201
- MALKA BEGUM vs MEHR ALI HASHMI 1984 SCMR 755
- SALMAN ASLAM vs ADDITIONAL DISTRICT JUDGE AND OTHERS 1983 CLC 1390
- SALMAN ASLAM vs ADDITIONAL DISTRICT JUDGE, LAHORE and others 1985 MLD 1286
- Mst. FATIMA AND 4 OTHERS vs FAZALUR RAHMAN 1983 CLC 792
- BURMA OILS MILLS LTD. vs AMIR ALI AND 2 OTHERS 1983 CLC 1990
- NIAZ AHMED USMANI vs Syed MOHAMMED ALI 1982 CLC 682
- MUHAMMAD HAMI DUDD I N vs FEROZ AHMED AND ANOTHER 1980 PLD Karachi 337