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MIRZA MUSHARRAF BAIG versus SHABBIR QUETTAWALA


Section 8 General Clause Act (XX of 1897), Section 27 Constitution of Pakistan (1973), Article 199 Constitution Petition, determination of legal notice, rent controller on application filed by the tenant, fixed rent on fixed rent 1800 Monthly rate of Rs. But the lower appellate court allowed the appeal filed by the landlord and raised the rent to Rs 5 per sq. Ft. The tenant claimed to send legal notice to the landlord but the landlord specifically refused. Was made, in the presence of postal receipt, under section 27 of the General Clause Act, 1897, it was in favor of sending the document, although it was exempt The landlord did not present the postman, therefore, it is believed that the legal notice was received by him, the receipt of the legal notice did not mean the absence of a response to the legal notice, whatever the legal notice. That said, the contents of the legal notice were just a dispute. It was the tenant who went to court to determine the fair rent and the landlord did not file a lawsuit to determine the proper rent. Should have ordered the tenant to pay the rent at the rate that he had accepted by proof, the landlord And leaving freedom was required to file an application for determination. At the appropriate rent, if he felt the same necessary orders were passed down by both the courts, the tenant had filed the application by the tenant and before the tenant controller was dismissed, The High Court had directed the tenant to pay the rent at the rate which he had already paid.

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