1991 SCMR 1246 SUPREME-COURT

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SHAKAR KHAN VS ABDUL QADIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant--Dispute relating to half of the property being sub judice, eviction of tenant from whole of the premises was ordered---Leave to appeal was granted to consider contention that in having framed issues on the question whether landlords had sold half portion of premises to tenant under agreement, question of relationship of landlords and tenant between parties was sub judice and consequently without determining that issue Rent Controller was not competent to order eviction of tenant from premises as a whole---Other question on which leave was granted was whether High Court was justified in rejecting the explanation of tenant in respect of default pertaining to only one month, which was accepted by Rent Controller in his discretion.