1987 SCMR 1654 SUPREME-COURT

Full text

ASHRAF ALI VS ABDUL HAMID West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(1)--Constitution of Pakistan (1973), Art. 185(3)-Ejectment--Default in payment of rent--Ejectment ordered by Rent Controller--Non-reading of evidence--Order set aside in appeal--Plea that wilful non-payment of rent to landlord, challenging his entitlement to receive rent and its deposit in Court without any offer to landlord, did not constant rate a legal tender and would amount to contumacious denial entailing eviction not sustained by evidence on record-Relationship of landlord and tenant between parties not denied and petitioner had refused to accept rent/money order from tenant--High Court's order upheld and leave to appeal refused.