Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(2)(1)--Constitution of Pakistan (1973), Art. 185(3)-­Ejectment--Default in payment of rent--Ejectment ordered by Rent Controller--Non-reading of evidence--Order set aside in appeal--Plea that wilful non-payment of rent to landlord, challenging his entitlement to receive rent and its deposit in Court without any offer to landlord, did not constant rate a legal tender and would amount to contumacious denial entailing eviction not sustained by evidence on record-­Relationship of landlord and tenant between parties not denied and petitioner had refused to accept rent/money order from tenant--High Court's order upheld and leave to appeal refused. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13(2)(i)--Constitution of Pakistan (1973), Art. 185(3)-­Ejectment--Concurrent findings of facts--Interference with--Alleged subletting of premises nut proved--View affirmed by High Court-­Supreme Court declined to interfere with concurrent finding of fact which was rooted in evidence and refused leave to appeal. JUDGMENT ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a Judge of the High Court of Baluchistan dated 30-i1-1986 allowing an appeal filed by the first respondent herein against the orders of his eviction from the demised premises passed by the Rent Controller, Quetta on 22-7-1986 on the ground that he was proved to be a defaulter in payment of rent from April, 1978 to April, 1982 as asserted by petitioner-landlord. The petitioner sought eviction of the first respondent on the ground that he had not only sublet the premises but was also a defaulter in payment of rent from April 1978 to April 1982. After recording evidence produced by the parties, learned Rent Controller took the view that the first plea of the petitioner was not proved, but he upheld the second, namely, that the first respondent is guilty of default in payment of rent as stated by the petitioner. On this view of the case, he directed eviction of first respondent's from the demised premises by order dated 22-7-1986. On appeal, learned Judge of the High Court who dealt…

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