1991 SCMR 2039 SUPREME-COURT

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MUHAMMAD RAFIQ VS ALLAH NOOR 1980 SCMR 506, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Default in payment of rent---Findings of Courts below on question of default whereby tenant was deemed not to have committed default---Validity---Rent Controller had not given a definite finding whether rent had been paid or tendered by tenant to landlord--Rent Controller had overlooked evidence produced by landlord and decided the case clearly on presumption thus, exercising discretion in spite of the fact that there was sufficient evidence produced by landlord to prove tenant's default--High Court had also erred in confirming judgment of Rent Controller---Tenant had absolutely failed to prove that rent was paid to landlord---Judgments of Courts below to the contrary were set aside and tenant's eviction was ordered from the premises in question.