1986 SCMR 751 SUPREME-COURT

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MUHAMMAD YOUSAF VS MEHRAJ-UD-DIN Constitution of Pakistan 1973--185 , ---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 13-A--Service of notice--Relationship of landlord and tenant--Ejectment on ground of default--Questions arising (i) whether appellant-landlord was required by law to serve a notice on respondents before seeking eviction on ground of default and (ii) whether non-service of notice under S. 13-A would amount to negation of relationship of landlord and tenant--Held, If a notice under S.13-A was not served that would not amount to absence of relationship of landlord and tenant-Rent not having been paid even after institution of application for eviction which was also treated as notice under S. 13-A, respondents, held, liable to eviction--Petition converted into appeal and disposed of accordingly.