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SAID AHMAD versus GHULAM MAHMOOD


Article 13 No order against the tenant on the recording date of the landlord's evidence nor the tenant being presented in court

1981 C L C 1176

[Lahore]

Before Muhammad Ilyas, J

SAID AHMAD‑---Petitioner

versus

Haji GHULAM MAHMOOD AND ANOTETHER---‑Respondents

Writ Petition No. 2937 of 1981, decided on 4th July 1981.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑---

------S. 13‑Ex parte proceedings ordered against tenant not set aside nor tenant present in Court on date of recording of landlord's evidence-- Held, such tenant not entitled to opportunity to produce evidence in rebuttal at later stage.

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑--

-----S. 13(2)‑Ejectment‑Rent Controller, after recording landlord's statement and being satisfied about tenant's default ordering his eject ment‑Manner in which landlord made his statement‑Held, to be of no avail to tenant.

(c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---

-----S

. 13 (6), (8)‑Ejectment on ground of default in payment of rent‑--Omission of Rent Controller to make final determination of amount of rent payable to landlord‑Does not invalidate order of eviction‑Mere fact that Rent Controller did not make determination of amount of rent while ordering ejectment of tenant‑Held, does not justify interference with order of ejectment.

Ali Hasson and another v. Bashir Ahmad and another 1979 C L C 159 ref.

Syed Iftihkhar Ahmad for Petitioner.

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