Law: Constitution of Pakistan, 1973

Section: 199,185(3)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---S.13--Constitution of Pakistan (1973), Arts.199 185(3)--Default in payment of rent--Constitutional jurisdiction--Interference with exercise of discretion by special forum under Rent Ordinance--Leave to appeal granted to examine whether High Court, in its Constitutional jurisdiction, could have interfered with the exercise of discretion by special forum in favour of tenant, on question of default in payment of rent.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--   ---S.13--Ejectment on ground of default set aside in writ jurisdiction-­Order impugned--Record showing that deposit of rent was made in the name of father of petitioner-landlord--No ill-will between present between father and son--Payment considered as valid discharge of tenants liability--Record showing no other default--Appeals being without substance, dismissed. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--These three appeals through leave of this Court arise out of Rent Restriction eviction application filed by a landlord against different tenants. They are directed against the judgments of the Lahore High Court, whereby Constitutional petitions against the orders of eviction of respondents-tenants were allowed and the said orders set aside. Leave to appeal was granted to examine whether the High Court could have interfered with the question of exercise of discretion by the special forum concerned in favour of respondents-tenants, on the question of default in payment of rent. The arguments of the learned counsel for the appellant and the relevant part of order for grant of leave to appeal are reproduced below: - The learned counsel, inter alia, has contended: that the deposit of rent in the name of the father of the petitioner being a payment to a wrong person, the High Court should not have exercised Constitutional jurisdiction; that; late deposit of other rent having been established, the High Court could not have exonerated the tenants in this behalf in the exercise of its Constitutional Jurisdiction. After hearing the learned counsel, we do not consider it a fit case for grant of leave to appeal…

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