1989 SCMR 1301 SUPREME-COURT

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ALI BIN ABDUL OADIR VS HABIB BANK LTD. Constitution of Pakistan 1973--185 , Landlord and Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art. 185(3)--Landlord and tenant-eviction of tenant for default in payment of rent--eviction order upheld until High Court--Contention that power of attorney to start proceedings against the tenant was not legally issued, as no attorney was authorized to file eviction application in the absence of a resolution passed by the Directors of the landlord Bank and that the power of attorney produced before the Rent Controller was neither formally proved nor the same could be lawfully received in evidence--Such contention had been raised before High Court and its finding was that said power of attorney had been received in evidence by the Rent Controller without any objection on the part of tenant and therefore, he could not be permitted to contend that same was not formally proved--Concurrent finding of fact was that petitioner was proved to be a defaulter in payment of rent--