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1987 PLD 165 QUETTA-HIGH-COURT-BALOCHISTAN

Balochistan · 1987

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SIRAJUD DIN VS NOOR MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)??Word "may" in S. 13(2)??Connotation??Technical default?Rent Controller is obliged to determine whether it was necessary to direct ejectment of tenant and exercise discretion one way or the other, on evaluating facts available on record?S.13 (2)??Ejectment application??Default??Tenant remitted rent through money order on 10?10?1977 and again on 19?7?1978 and on refusal to receive money order, rent was deposited in Court on 20?8?1978, again advance rent up to June 1980 was deposited on 16?10?1979, prior to institution of eviction application??Circumstances, held, clearly reflected anxiety of tenant to pay rent?S. 13(2)??Civil Procedure Code (V of 1908), 0. XLI, R. 22??Cross objections??Application for ejectment??Ground of reconstruction??Rent Controller rejecting ejectment on ground of reconstruction??Ground taken up by landlord in appeal?