2006 PLD 549 SUPREME-COURT

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AMIN and others VS Hafiz GHULAM MUHAMMAD Constitution of Pakistan 1973--185 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13---Constitution of Pakistan (1973), Art.185 (3)---Ejectment of tenant---Wilful default in payment of monthly rent---Dispute over title---Land under shops in question was transferred to respondent in year 1960, who constructed superstructure and inducted petitioners as tenants---Tenants, withheld payment of rent to respondent after the authorities declared the property as Evacuee Trust Property, and started paying rent to Evacuee Trust Property Board---Rent Controller allowed ejectment petition on the ground of default with the observation that tenants were estopped to deny relationship of landlord and tenant---eviction order passed by Rent Controller was maintained by High Court---Plea raised by tenants was that default was not contumacious---Validity---Plea raised by tenants had no merits---Such plea might have been acceptable had the tenants deposited rent in Court and then filed an inter-pleader suit which was not done---Supreme Court declined to accept that the default was not deliberate--Leave to appeal was refused.