MUHAMMAD HUSSAIN AFZAL versus ZIAULLAH
Section 13 Civil Code of Conduct (v. 1908), Seventeenth, R9 Constitution of Pakistan (1973), Arts 185 (3) and 199 Rent Control, after publication of the notice in the daily newspaper, in the former proceedings. Fetch order approved. After this case the landlord was presented to the tenant controller under OIX, R 13, CPC, before the evidentiary proof for eviction of the tenant from the property and the order after which the property was occupied. Part order / order should be set aside. In fact, one of the applicants was a tenant who was not enforced as a party to the removal request, it was stated by the appellate authority that the appellate authority had confirmed, however, that the rental controller had been excluded. , Constitutional petition against the said order was allowed The High Court's position on the landlord was that the High Court was not expected to replace the facts listed by the Rent Controller and the Appellate Authority. O IX, R 13, the request under CPC was not available to the rent controller and the High Court was not required to revoke the ex parte order and to request the separation of the ex parte order from the rent controller. May be asked to make a decision. After recording the evidence of the parties / parties, the correctness of the order regarding its merits was adopted by the High Court on the basis of the documents submitted by the applicants under which the previous order to overcome the eviction rent order was set aside. Was to decide on the application for. Determine the actual dispute between the parties or the relationship between the landlord and the tenant and the basis for this.
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