2004 SCMR 1070 SUPREME-COURT

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MUHAMMAD ZUBAIR VS Mian MUHAMMAD ZIA 1993 CLC 2435, PLD 1988 Quetta 42, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , ----S. 17(8)(9)---Constitution of Pakistan (1973), Art. 185(3)---Tentative rent assessment---Striking off defence---Failure to work out arrears of rent---Disputed covered area. of the premises---Non deciding the miscellaneous applications before striking off defence---Tenant disputed the covered area under his possession and also disputed the rate of monthly rent---Rent Controller appointed Local Commission to measure the area of shop in possession of the tenant and also directed to calculate the arrears of rent in presence of counsel of both the parties---Tenant objected to the area calculated by the Local Commission and also informed the Rent Controller regarding non association of the counsel at the time of calculating the arrears of rent---Rent Controller, without disposing of the applications filed by the tenant in that regard, struck off his defence and eviction order was passed---Order passed by the Rent Controller was maintained by High Court--