1995 SCMR 730 SUPREME-COURT

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MUHAMMAD ISHAQ VS MUHAMMAD SIDDIQUE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Landlord had raised two pleas in his eviction application viz. non-payment of rent and damage to property---Rent Controller had not recorded any finding that tenant had made default in payment of rent or that he had damaged the property in question--Clear finding on such issues should have been recorded by Rent Controller--High Court while restoring Rent Controller's order of eviction of tenant (setting aside Appellate Authority's order wherein Rent Controller was directed to record clear findings on pleas raised in ejectment application) also had not recorded any finding on issues of default or impairing value or utility of the house in question---Order of High Court was set aside while that of Appellate Authority was restored directing Rent Controller to complete his inquiry on issues raised in ejectment application.