1988 SCMR 993 SUPREME-COURT

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MUHAMMAD BASHIR VS RIAZ HUSSAIN Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , ---Ss.16 & 21-,Constitution of Pakistan (1973), Art.185(3)-Ejectment--Non-compliance of order to deposit rent--Such noncompliance mere technical as rent was already deposited in connected proceedings--Rent Controller's order to deposit arrears of rent-Tenants depositing rent in Court in connected miscellaneous proceedings between same parties--eviction for non-compliance of order, challenged--Non-compliance of Rent Controller's order found to be just a technical one, rather than real--Held: Since petitioners were out of pocket of the amount of rent payable by them which they actually deposited in Court with the intention that landlord may withdraw the amount, if he so desired, and there was no complaint that landlord could not do so, petitioners could not be condemned as guilty for not depositing rent in- Court--Petitioners had actually deposited the rent in Court but made mistake of depositing in one case and not in the other and this amounted to an irregularity rather than penal--Non-compliance of Rent Cont