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1980 PLD 298 SUPREME-COURT

Supreme Court · 1980

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MUHAMMAD YOUSUF VS ABDULLAH West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 6, 7 & 13-Lease-Illegal stipulations-Lease deed stipulating landlord's (lessor's) entitlement to confiscate security deposit made by lessee in case of lessee's failure to pay rent for three consecutive months or if he failed to give vacant possession to lessor at time of termination of tenancy-Ordinance VI of 1959 having expressly prohibited landlord from raising anything in excess of fair rent and having specified grounds of eviction of tenants, both such stipulations, held, illegal and not enforceable. S. 13(2)(i)-Eviction of tenant-Default in payment of rent-Rights and liabilities of appellant (lessee) being exclusively governed by Ordinance VI of 1959 question of amount of rent due to be determined in accordance with provisions of S. 13(2) (i) placing tenants under obligation to pay rent due within 15 days of expiry of time fixed in agreement of tenancy,