Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13 & 15 Ejectment on ground of default in payment of rent Finding of fact by District Judge regarding failure of tenant to pay rent not suffering from any material error First appellate Court being entitled to appraise evidence and to reach a contrary conclusion and such upheld by High Court in preference to that of Rent Controller Petition for special leave to appeal dismissed. S. Farooq Hassan Naqvi, Advocate and Tanvir Ahmad, Advocate on-¬Record for Petitioner. A. R. Sheikh, Senior Advocate and Abdul Karim, Advocate on Record for Respondent. Date of hearing: 23rd December, 1979. ORDER MUHAMMAD HALEEM, J. After hearing the counsel for the petitioner and the caveator respondent, we had dismissed the petition by a short order embracing the undertaking given by the latter. These are the reasons for it. The petitioner sued the respondent for her ejectment from house No. C/172, situate in Hira Mandi, Lahore, on the ground of default in the payment of rent for the period from the 15th of February, 1969 to the 14th of May, 1969, which was resisted on the ground that the petitioner had tendered the rent but it was refused; and, thereafter, it was sent by money order which again was returned as by that time the application for her ejectment had been filed. The Rent Controller, by order dated 17th of June, 1971, dismissed…

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