1996 SCMR 349 SUPREME-COURT

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IMAM-UD-DIN VS ATIQUE YOUSAF BOKHARI Constitution of Pakistan 1973--185 , S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant for non-compliance of tentative rent order of Rent Controller---Validity---Tenant claimed that he had deposited arrears of rent before stipulated date but could not produce relevant documents to establish deposit thereof---Tenant produced documents before Supreme Court showing that specified amount was deposited on specified date in Bank---Petition for leave to appeal was converted into appeal and parties were heard in the matter---If tenant had complied with direction of Rent Controller with regard to deposit of rent, he should not suffer - merely for reason of his slackness in placing necessary documents on record---Judgments of Courts below directing eviction of tenant were set aside and case was remanded to Rent Controller to ascertain through evidence of parties whether order of Rent Controller with regard to deposit of arrears of rent and future rent had been complied with or not and then proceed further with case in accordance with law.