2002 CLC 1354 LAHORE-HIGH-COURT-LAHORE

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GULISTAN COLONY, MUSTAFA ABAD, LAHORE through President VS ADDITIONAL DISTRICT JUDGE WITH POWERS OF RENT CONTROLLER, LAHORE Constitution of Pakistan 1973--194 , ----S. 13(2)(i)---Constitution of Pakistan (1973), Art.194---Constitutional petition ---Ejectment of tenant---Default in monthly rent---Landlord demanded 100% increase in monthly rent and refused to accept the agreed enhancement in the rent---Tenant initially tendered the rent through money order and later on started depositing the same in the Court---Rent Controller allowed the ejectment petition and passed the order of eviction of the tenant---Lower Appellate Court reversed the finding of Rent Controller on default and dismissed the petition--Validity---Landlord had failed to prove the default against the tenant, and as no other ground for ejectment was available to the landlord, Appellate Court had rightly dismissed the ejectment petition---High Court declined to interfere with the judgment passed by the Appellate Court.