| Citation(s) |
|---|
| 1982 SLG 240 1982 SLD 240 1982 SCMR 279 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 618 of 1975, decision dated: 25-11-1980.(On appeal from order of Lahore High Court dated 19-6-1975 in S. A. O. 243 of 1969)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
S. Abid Nawaz, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. 618 of 1975, decision dated: 25-11-1980.(On appeal from order of Lahore High Court dated 19-6-1975 in S. A. O. 243 of 1969)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
S. Abid Nawaz, Advocate-on-Record for Petitioner. Nemo for
Respondent.
UBAIDULLAH
VS
SHER MUHAMMAD
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- S. 13-Eviction-Default in payment of rent-Tenant appellant afforded sufficient opportunity to produce evidence with regard to alleged payment of rent-Tenant also not denying landlord's assertion qua non-payment of rent nor producing any evidence to show landlord in fact having refused receipt of rent-Point raised in support of petition, held, without merit. ORDER ABDUL KADIR SHAIKH, J.-Facts shortly, stated are that ejectment application filed by the respondent against the petitioner, his tenant, on the ground of default in payment of rents was granted by the Rent Controller; petitioner's appeal was dismissed by the District Judge, Gujranwala and his second appeal in Lahore High Court also met with the same fate, and he now seeks special leave to appeal. The only point advanced in support of the petition is that the Rent Controller did not grant any opportunity to the petitioner to prove that he was not a defaulter in the payment of rents in that the landlord had himself refused to accept the rents. This point has been thoroughly examined by the learned Single Judge in the High Court and has been rejected for reasons which may be reproduced hereunder: - "Moreover, I have also examined the order-sheet and proceedings. It cannot be said that the appellant has been prejudiced in any manner by the procedure adopted by the learned Rent Controller. After framing of the first two issues, the landlord examined…
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