1989 SCMR 595 SUPREME-COURT

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DELITE HOUSE LTD. VS FAYYAZ AKBAR Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S.13--Constitution of Pakistan (1973), Art.185(3)--Ejectment of tenant on ground of reconstruction of house--Rent Controller's order for eviction of tenant upheld by High Court--Consigning of record at one stage by Rent Controller and revival of proceedings later on which amounted to review of his earlier order for which he was not competent; expiry of sanction for re-construction and plea of "mala" fides were the grounds on which leave was sought--Held: Consignment of record was temporary up to a specified time and revival of proceedings was pursuant to order of consignment itself and not in derogation of it--When application for ejectment was instituted, sanction for reconstruction was effective--Where proceedings got prolonged and sanction expired, merits of application remained unaffected--Plea of "mala" fides being one of facts and both the Courts below having examined the same on merits found none, no case, held, was made out for interference--Leave to appeal refused in circumstances.