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MESSRS DIAMOND RUBBER MILLS THROUGH GENERAL MANAGER versus SYED AMIR ALI


Section 15 (2) (ii) (VII) and 21 Constitution of Pakistan (1973), Article 199 Constitutional application on the payment of rent based on the tenant's removal on default and rent controller up and down according to the personal need of the tenant. The decision of the appellate authority whereby the payment of the rent for the landlord and the personal need of the landlord was accepted by the tenant against the tenant was evidenced by the landlord personally and in evidence. There can be no contradiction. It should be pointed out that the landlord's conduct was rogue. It is not necessary for the landlord to mention the moment they thought of the business in the premises they were going to establish in the premises under questions, the landlord had brought on record that the premises were necessary to establish the premises. Garment business and said the landlord's position was not challenged. RI / Amounts that were rejected by the landlord were not verified by the tenant through documentation or oral evidence. The landlord acknowledged that he had received Rs 50,000 as security deposit which the tenant was entitled to after he had taken over his vacant possession. Under the deduction / adjustment of all arrears / liabilities in the premises, the finding of the facts listed by the two courts below was made on the basis of evidence and the constitutional petition cannot be appealed and the constitutional jurisdiction as an additional remedy. Extraordinary Interference In this case, the constitutional jurisdiction was approved because of the coordination of the Rent Controller and Appellate Authority.

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