Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-- S. 17-Ejectment---Concurrent findings of Rent Controller and District Judge, not suffering from any legal defect nor decision of High Court in exercise of discretionary power shown to be patently wrong ­Rent Controller after being satisfied that tenant was intentionally delaying process of Court proceeding against him ex party-Held, no justification for Supreme Court to interfere with order of ejectment. ORDER SHAH NAWAZ KHAN, J-Abdul Majid petitioner has submitted this civil petition for special leave to appeal under Article 185 (3) of the Cons­titution of the Islamic Republic of Pakistan. to set aside the impugned judgment passed by the High Court of Sind in Constitution Petition No. 482 of 1972. 2. The petitioner was the tenant of the respondents Nos. 3 to 7 in a house described in the petition. The respondents moved a petition before the Rent Controller, Hyderabad Cantonment in May, 1968, seeking the ejectment of the petitioner on the ground of default in the payment of rent. The case was adjourned on several dates because the petitioner would not appear and attend the hearing nor he filed his written statement, although in this petition he states that he had been attending the hearings, but it is not borne on record. An ex party order of ejectment was con­sequently passed against the petitioner. He then filed an application under Order IX, rule 13, C. P. C., which was dismissed. He then filed an appeal be­fore the District Judge, which was entrusted to Additional District Judge, who dismissed it, but later in the Constitution Petition No. 287 of 1970 an objection was taken that the Additional District Judge had no jurisdiction under the said Act. The petition was allowed and the case was directed to be heard by the District Judge, Hyderabad himself and the appeal was to be treated as pending. Later when the appeal was heard the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492