1985 SCMR 2086 SUPREME-COURT

Full text

ABDUL QADIR VS ARBAB Ejectment--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15--Ejectment--Tenant defaulting in payment of rent for over a year--Residential unit rented out to tenant attached to mosque and according to rent note tenant required to tender monthly rent in time and obtain receipt for same--Tenant's explanation for his failing to tender rent in time was that he had offered in beginning to pay rent for a year in advance which was refused by landlord on pretext that same would be collected when funds would be needed for, repair of mosque--High Court giving no independent reason for its observation that discretion should have been exercised by Rent Controller in favour of tenant and ignoring fact that tenant caused a considerable loss of income for over a year to mosque which would be in need of funds for current expenditure--No ground existing for exercising discretion in favour of tenant by Rent Controller, judgment of High Court set aside and order of eviction passed by Rent Controller restored.