2021 CLC 1153 KARACHI-HIGH-COURT-SINDH

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ABID IQBAL ANSARI VS Mirza NASEERUDDIN S.17---eviction of tenant---Default in payment of monthly rent---Technicalities in proceedings---Scope---Held, that appellant/tenant had not denied his failure in timely payment of the rent, hence it would not be fair to allow him to continue taking advantage of technicalities including proper service, particularly when he had no prima facie and reasonable explanation for undeniable default in paying rent in time---Requirement of a notice and providing an opportunity of hearing could be dispensed with in certain types of cases where such requirement would cause 'more injustice than justice'---Appellant/tenant could not be allowed to take advantage of his own failure in the name of procedural requirement, when he otherwise had no explanation to make the default---No illegality or infirmity was found in the impugned judgment passed by the Additional Controller of Rents, ordering eviction of the appellant/tenant---Appeal was dismissed, in circumstances.