2008 PLD 193 LAHORE-HIGH-COURT-LAHORE

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FIRST CAPITAL EQUITIES LIMITED VS Mrs. ISHRAT SALEEM Ejectment of Tenant--TERM , Proof--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant---Default in payment of monthly rent---Proof---eviction order was passed by Appellate Court on the ground that before depositing rent in court, tenant should have tendered the same to landlady---Validity---Deposit of rent with Rent Controller was recognized under S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959 and therefore there was no default in payment of rent--eviction order was set aside and case was remanded to Appellate Court for deciding issue relating to bona fide personal need of landlady in the light of evidence available on record---Appeal was allowed accordingly.