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1988 SCMR 1907 SUPREME-COURT

Supreme Court · 1988

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ISLAM COAL CO. VS GHULAM RASOOL Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss.13(6) & 15--Constitution of Pakistan (1973),Art.185(3)- Ejectment--Tentative rent order--Default in deposit of future monthly rent--Rent Controller refusing to strike off defence of tenant because default was explained satisfactorily--Order set aside by High Court-Leave to appeal granted to consider contention that explanation of tenant having been accepted by Rent Controller in view of some ambiguity in the order, High Court was not justified in interfering with such order and directing eviction of tenant; and that application of landlord itself was liable to be dismissed as tenant had, before filing of written statement, deposited claimed arrears of rent.