Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Abandoning of plea of default---Effect---Rent Controller passed eviction order and one of the grounds of eviction was default in payment of monthly rent---Appeal of tenant before Appellate Court was dismissed wherein he had abandoned the plea of default in monthly rent---Eviction on the ground of default being concurrent should not have been interfered with by High Court in exercise of Constitutional jurisdiction. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(2)(ii)(a)---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Subletting of premises---Landlord filed ejectment application on the ground of default in payment of monthly rent and also subletting the premises by the tenant---Rent Controller allowed the application and eviction order was maintained by Appellate Court---High Court in exercise of Constitutional jurisdiction set aside the concurrent orders passed by both the Courts below---Plea raised by the landlord was that the tenant had sublet the premises without his permission/consent---Validity---No written consent of landlord was either pleaded or proved by the tenant---Landlord having not consented in writing, he could rightly challenge the subletting which was admitted by the tenant---Tenant was liable to be ejected and High Court should have avoided interference in the concurrent findings and that too in exercise of powers under Art.199 of the Constitution---Supreme Court converted petition for leave to appeal into appeal and set aside the order passed by High Court---Supreme Court directed the tenant to handover vacant possession of the premises to landlord---Appeal was allowed. Samad Mehmood, Advocate Supreme Court with Muhammad Ahmad Zaidi Advocate-on-Record for Petitioner. Respondent No.1 in person. Nemo for remaining Respondents. Date of hearing; 25th February, 2005. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Haji Said Wahab Khan, the present petitioner, filed two eviction petitions against Qadir, Muhammad Aslam and Amjad Ali before…

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