1991 SCMR 760 SUPREME-COURT

Full text

HUSSAIN VS HUSAINI Constitution of Pakistan 1973--185 , ----Ss. 15 & 21(3)---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenants for default in payment of rent---Tenants asserted that full payment of entire rent had been made but could not substantiate it before Rent Controller--Tenants, however, produced documents in High Court to establish plea of denial on question of default---Effect---Material placed on record before High Court established payment of rent for default period---Such material, prima facie, created an impression that there was conscious effort on tenants' side to part with requisite amount so as to avoid consequence of eviction on account of default--Leave to appeal was granted to consider tenants' plea of payment of rent for the default period and other related questions raised in the petitions.