1979 SCMR 443 SUPREME-COURT

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MUHAMMAD SHAH ALAM VS MUHAMMAD ABDUL GHAFOOR West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13-eviction of tenant-Contention that landlord in eviction application having stated petitioner to have failed to pay him rent since April, 1970 but having stated in his evidence before Court with regard to payment of rent as having been paid up to 1970 and such contradiction having not been taken note of owner Courts misread evidence on record in ordering ejectment-Landlord though contradicting himself yet first appellate Court having considered all nuances of same and satisfactorily explained such seeming contradiction as being due to landlord's statement having been recorded four years after filing of eviction application thereby making it possible for landlord to forget month of year 1970 wherein default committed for first time-Tenant also not misled or prejudiced due to mention in issue of fact of default having been committed from month of April--Tenant, held, rightly ordered to be ejected.