1988 CLC 444 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD YUSAF VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(3)(a)(ii)??Default in payment of rent??Compromise deed entered into between tenant and original landlord of premises in dispute clearly showed intention of parties that tenant could not be ousted from premises either by original landlord or by his successor?in-interest unless and until whole amount already paid by tenant to original landlord as advance rent was exhausted??Amount so paid by tenant having not been exhausted so far, eviction petition filed by successor?in?interest of original landlord, held, was wholly misconceived in law and facts of case. S. 13 (3) (a)(ii)??Constitution of Pakistan (1973), Art. 199?Constitutional jurisdiction??Concurrent findings of two Courts below on issue of personal bona fide requirement of landlord not justified by evidence available on record??Such findings were declared to be without lawful authority by High Court in exercise of constitutional jurisdiction.