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MUHAMMAD AMIR HABIB versus ZAHEER AHMAD


Article 15 and 22 Constitution of Pakistan, Article 199 Withdrawal Request To prevent the defense of tenant tenants, the controller ordered the advertisement to be issued in the newspapers on a special date; the tenant appeared on the said date. After which it was instructed to file the file. The tenant's controlling, written statement struck the tenant's defense on the ground that the leave application was not filed within the stipulated time and the order of appeal against the tenant was granted by the tenant, the tenant failed. Dar filed a constitutional petition. In response to the announcement posted in the newspaper, the controller, which did not have a condition that the six-day application was to be filed within 10 days, did not receive any notice in the fixed form where the first-time tenant presented Submitted a request for eviction, through a declaration in the newspapers, that this court was T-duty. Inform the tenant, if he / she did not appear by the lawyer, file a leave request within 10 days from that date. And along with that, a 10-day date should be set for ordering a leave request. There should be a speech order. Thereafter, neither the rent controller nor the appellate court observed, the decisions of the rental controller and the appellate court were not sustainable in the eyes of the law, the impedance order was set aside and the rental controller was instructed. Was to decide on the tenant's leave application at its best. Anew

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