1982 SCMR 249 SUPREME-COURT

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MUHAMMAD AFZAL VS MAIMUNA SHEIKH West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13--eviction-Case after a protracted litigation fixed for evidence on question of alleged default in payment of rent-No evidence produced by tenants on days fixed, nor any express averment made in written statement denying default in payment of rent, Rent Controller ordering eviction of petitioner tenants-District Court, on appeal, instead of examining question of default, however, holding parties having compromised their dispute and such finding based on same entries in case diary-Respondent's advocate having made a statement some times previously signifying his intention not to pursue eviction case . if tenants could produce receipts for payment of rent "on next date of hearing" but according to counsel petitioners produced evidence of payment of rent but not on next date-Discrepancies found to exist in paper book about date on which such receipts produced-District Court however, holding offer made by respondent's Advocate having been accepted and relevant receipts having been produced hence responde