2012 MLD 1002 ISLAMABAD

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SHAHAB-UD-DIN VS ZUBAIR ASLAM 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent was ordered concurrently by the courts below---Tenant contended that prior to the filing of the ejectment petition, the rent was paid and there was no default; however, admitted that afterwards no rent had been paid as the case was pending before the High Court and there was no order from the court for the deposit of rent---Validity---Even if there was no order from the court to deposit the rent, that did not mean that the tenant was absolved of his duty of paying the rent---Tenant could have sent the rent through post or could have deposited the same in the court---No evidence was available regarding payment of rent during the pendency of the eviction petition---Constitutional petition was dismissed.