Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)---S. 17(8)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Oral tenancy---Default in payment of rent---Tentative rent, fixation of---Procedure---Ordinarily tentative/ approximate rent had to be fixed on the basis of pleadings of the parties where default was alleged in payment of the same---Rent Controller was bound to pass order under S. 17(8) of Cantonments Rent Restriction Act, 1963 before framing of issues and was not bound to hold detailed inquiry while passing order of tentative rent which was to be fixed on the basis of material placed before him---Tenancy was oral, in the present case, and no receipts with regard to payment of rent had been placed on record---Tenant had failed to point out that rate of tentative rent was not according to the pleadings of the parties---Impugned order for fixation of tentative rent was not arbitrary or perverse---Actual rate of rent was yet to be determined during course of recording evidence in the ejectment proceedings---Deposit made with regard to arrear or future rent under the impugned order would be adjustable towards the final liability of tenant if any---Tenant had failed to deposit future rent as directed by the Rent Controller and committed default in payment of rent---Constitutional petition was dismissed in circumstances. ORDER MAMOON RASHID SHEIKH, J.---Through this petition the petitioner has assailed the order dated 31-10-2013 passed by the learned Additional Rent Controller, Rawalpindi Cantt. (respondent No.2), under the provisions of section 17(8) of the Cantonments Rent Restriction Act, 1963. The petitioner has also assailed the order dated 31-1-2013 whereby respondent No.1 was allowed to amend his ejectment petition. 2. Submits that the impugned order has been passed without taking into consideration the fact that the tenancy between the parties is an oral tenancy. The monthly rent being paid by the petitioner to respondent No.1 in respect of the demised premises which are in the shape of a room on the upper storey of the building in question is at the rate of Rs.2,500 whereas through the ejectment petition respondent…

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