2005 PLD 34 SUPREME-COURT

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Mst. FATIMA GUL VS Malik SAEED AKHTAR PLD 1967 SC 530, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--27 , Constitution of Pakistan 1973--185 , ----Ss.17 & 27---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Striking off defence---Tentative rent order, non-compliance of---Wilful default in deposit of rent---Holding of inquiry by Rent Controller---Reason for non-deposit of rent by tenant was that her son met with an accident in another city and the doctor had advised him rest till 19-1-2004 and the rent was deposited on 20-1-2004---Rent Controller being not satisfied with the reason for non-deposit passed eviction order which was maintained by High Court---Plea raised by the tenant was that the Rent Controller did not hold any inquiry before passing eviction order---Validity---High Court and Rent Controller had rightly concurred in holding that default in deposit of rent was neither unavoidable nor beyond the control of tenant---