Law: Constitution of Pakistan, 1973

Section: 185(2),199

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---Ss.13(6), 13(2)(1) 15--Constitution of Pakistan (1973), Arts.185(3) 199-- Ejectment--Failure to deposit rent in time--No agreement between parties fixing date for payment of rent--Effect of--Ejectment by Appellate Court for failure to deposit rent, challenged--Leave to appeal granted to consider contention that finding of Appellate Court on question of default was based on no evidence and there being no agreement between parties fixing date by which rent was to be paid, rent could be paid within 60 days from period for which it was payable.   Muhammad Tufail v. Province of Punjab etc. P L D 1978 Lah. 87 ref.   ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 30-9-1987 of the Lahore High Court whereby in constitutional jurisdiction it declined to interfere with the order of ejectment made by the Additional District Judge, Lahore under the provision of the Punjab Urban Rent Restriction Ordinance. 2. The property in dispute is a house situate in Rahmanpura, Ichhra, Lahore. It was owned by respondent No.2 and was being used for running a private school. After the nationalization of the schools under Martial Law Regulation No.118 the management of the school, including the possession of the house in dispute, was taken over by the Education Department of the Provincial Government. Subsequently, by an order dated 30-7-1977, the house was requisitioned by the Provincial Government under the West Pakistan Requisitioning of the Immovable Property (Temporary Powers) Act. . 3. On 11-2-1980 responder No.2 filed an application before the Rent Controller under section 13, Urban Rent Restriction Ordinance, to seek eviction of the petitioners. The petitioners objected to the maintainability of the application on the ground that the house stood requisitioned. The learned Rent Controller upheld the objection and dismissed the application. Respondent No.2 filed an appeal before the Additional District Judge. By an order dated 10-5-1981, the Additional District Judge accepted the appeal, holding that in view of the decision of the High Court in Muhammad…

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