2009 SCMR 784 SUPREME-COURT

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MUHAMMAD NASEER VS SAJID HUSSAIN PLD 1969 Kar. 176, Cantonments Rent Restriction Act 1963--17 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , S. 17(8)---Constitution of Pakistan (1973), Art. 185 (3)---Ejectment of tenant---Default in deposit of arrears of rent---Interpretation of order---eviction order was passed by Rent Controller on the ground that tenant failed to deposit arrears of rent before specified date---Plea raised by tenant was that non-deposit of arrears before fixed date was a bona fide mistake in interpreting order of Rent Controller, and could not be considered as default---Validity---Supreme Court declined to subscribe to interpretation of default made by tenant because it would be extremely convenient for every defaulting tenant to take the plea that he had fallen into a bona fide mistake in interpreting the order of Rent Controller---If any order specifically laid down that rent was to be deposited before the specified date, no party had a right to interpret that rent was to be deposited by such date---Supreme Court did not find any ambiguity in the order passed by Rent Controller as the same could not be interpreted otherwise and tenant was rightly ejected--Leave to appeal was refused.