2001 SCMR 140 SUPREME-COURT

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GHULAM SIDDIQUE VS NASRULLAH Constitution of Pakistan 1973--185 , ----Art. 7---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default in payment of monthly rent---Application of landlord was dismissed by Rent Controller but was allowed by High Court in exercise of revisional jurisdiction---Tenant failed to pay the monthly rent for a period over five years and he was not willing to pay the same---Effect---Conduct of the tenant throughout had been that he had not only failed to pay the rent but was not ready and willing to pay the rent due within the contemplation of Art.7(a) & (b) of British Balochistan Rent Control Regulation, 1944---High Court was justified in setting aside the findings of the Rent Control who had completely ignored the conduct of the tenant manifested on the record of the case as a habitual defaulter in payment of rent in respect of the period not only before the application for eviction but also for the period thereafter during which the tenant had been in possession of the premises---Leave to appeal was refused.