1987 PLD 159 KARACHI-HIGH-COURT-SINDH

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T. MOTANDAS VS ANIS AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 15?Civil Procedure Code (V of 1908), Preamble?Applicability of C. P. C. to rent proceedings?Provisions of Civil Procedure Code though not applicable to proceedings under Rent Ordinance yet principles which are basis and foundation for administration of justice, held, would be applicable to these proceedings. S. 13?Discretion?Tenant guilty of raising false plea not entitled to exercise of discretion in his favour which is exercised on equitable and judicious considerations. P L D 1967 Lah. 966 rel.S. 13?Default in payment of rent?Tenant guilty of raising false plea that property in question was evacuee and that Collector of rent was collecting rent on behalf of another person thus defaulting in payment of rent?Courts below exercising discretion in favour of tenant in arbitrary manner?eviction of tenant ordered in circumstances.