MUHAMMAD AMEEN KHOKAR vs MUHAMMAD ASIF AWAN S — 2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PLD
Parties: MUHAMMAD AMEEN KHOKAR vs MUHAMMAD ASIF AWAN S
Subject matter: Civil
Provisions referred to: S. 13; Balochistan Urban Rent Restriction Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN S. 13a---Rent Controller, discretionary jurisdiction of---Word "may"---Scope---Under S.13(2) of Balochistan Urban Rent Restriction Ordinance, 1959, Rent Controller had been given discretion not to grant ejectment application on ground of non-payment of rent if the facts of case so warrant---Words "Controller may make an order directing the tenant to put the landlord in possession of the building" had been used in S.13(2) of the Ordinance, whereas it had been provided in S.13(6) of the Ordinance that if a tenant had made default of rent order passed under said subsection (6), his defence would be struck off---Use of word "shall" in S.13(6) of the Ordinance was in contrast to word "may" used in subsection (2) of S.13 of the Ordinance---Rent Controller had discretion in the matter falling under S. 13(2) of the Ordinance. Head NotesCase Description

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