2002 SCMR 1540 SUPREME-COURT

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MUHAMMAD NAZIR VS SAEED SUBHANI Constitution of Pakistan 1973--185 , -- -S. 13(6)---Constitution of Pakistan (1973), Art. 185(3) Ejectment of tenant---Striking off defence--Plea of agreement to sell---Relationship of landlord and tenant between the parties was not denied by the tenant in the written statement---Tenant, according to the agreement of sale, continued to retain the status of tenant and his possession over the premises was not agreed to be converted into one in part performance thereof---Tenant failed to comply with the- order for deposit of tentative rent, therefore, Rent Controller struck off the defence and eviction of the tenant was ordered-- Appeals before Appellate Court and High Court were dismissed ---Validity-- Tenant had not complied with the order made under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, the order of Rent Controller striking off defence of tenant was unexceptionable in law---Both the Appellate Courts had rightly found that the order striking off defence of the tenant did not suffer from any illegality---Supreme Court declined to interfere with the orders passed by the Courts below---Leave to appeal was refused.