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RAFIQUE AHMED versus ANWAR ALI


Article 15 (2) (ii) and 16 of the Constitution of Pakistan (1973), Article 199 Removal of the tenant based on default in payment of rent made the temporary rent order invading the defense of the tenant simply because It was temporarily unable to comply with the rental order as it did not submit its rent on August 10, 2002, and instead submitted its rent on Friday, July 6, 2002 and July 2002. Was. In the month of August 2002, in the circumstances, the deposit was made on a fixed date only, but the rent law for July, 2002 was not inadvertently submitted within a specified period by mistake, partly by the rent controller's position. And partly a part of the tenant which was confused only because the tenant had failed to collect the rent for a period of time due to an innocent mistake or gross misconduct, There would be no good reason to end the defense sentence. The principles must be considered very strictly because the law favors a merit decision, the case was appropriate for the High Court to appeal to the Constitutional jurisdiction of the High Court, which allowed the constitutional petition, leaving undesirable injunctions a Was set aside and the rent controller will be remanded for speedy decision as per the law.

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