Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art. 185(3)--Landlord and tenant-­Eviction of tenant for default in payment of rent--Eviction order upheld until High Court--Contention that power of attorney to start proceedings against the tenant was not legally issued, as no attorney was authorized to file eviction application in the absence of a resolution passed by the Directors of the landlord Bank and that the power of attorney produced before the Rent Controller was neither formally proved nor the same could be lawfully received in evidence--Such contention had been raised before High Court and its finding was that said power of attorney had been received in evidence by the Rent Controller without any objection on the part of tenant and therefore, he could not be permitted to contend that same was not formally proved--Concurrent finding of fact was that petitioner was proved to be a defaulter in payment of rent--No interference was thus called for m the matter--Leave refused. Hassan Ahmad Khan Munawar, Advocate Supreme Court instructed by Syed Inayat Hussain, Advocate-on-Record for Petitioner. Sh. Masud Akhtar, Advocate-on-Record for Respondents. Date of hearing: 13th March, 1989. ORDER JAVID IQBAL, J:--This petition for leave, to appeal is directed against the order of the Lahore High Court, Lahore, dated 2 October 1988 whereby writ of the petitioner was dismissed. Briefly the facts are that the petitioner is a tenant of Room No.13 forming part of Habib Bank Building at Lake Road; Lahore belonging to the respondent at -a: monthly rent of Rs.40. The respondent as landlord filed an eviction application before the Rent. Controller Lahore seeking eviction of the petitioner on the grounds of default m payment of rent and bona fide personal need. The application was resisted by the petitioner. The evidence was led by the respondent to the effect that the petitioner had paid rent till 1979 but thereafter he failed to pay the. rent until the…

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