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Writ Petitions Nos. 2795 and 2824 of 1979, decided on 11th November, 1979.
‑‑ Ss. 27 (1) & 17 (8)‑Eviction order without inquiry‑Tenant either not appearing on date fixed fo; hearing :or not complying with order of filing reply to petition for eviction‑Defence struck off by Rent Controller and eviction ordered without holding inquiry‑Holding of inquiry by Rent Controller, held-mandatory although no particular way of holding. inquiry prescribed by any law.
Qazi Ahmad Khan v. Mrs S. Henry La l gird another 1976 S C M R 515 ; Kahdim Mohyuddin and another v. Ch. Rahmat Ali Nagra and another P L D 1965'S C 459 and Abdul Khaliq Qureshi v. Saeed Hassan Shah and 3 others 19 j 9 C L C 118 ref.
‑‑ S. 17(9) read with Civil Procedure Code (V of 1908), O. VIII, r. 10‑Tenant not filing reply to petition for eviction or not appearing on date fixed for hearing‑Defence struck off by Rent Controller- Held, defence can be struck off by Rent Controller only in case of non‑compliance of order passed under S. 17(8)‑Order VIII, r. 10, C. P. C. further held, not applicable to such case and Rent Con troller cannot strike off defence.
Syed Abbas Ali Shah, Government Pleader (Punjab) for Appellant.
Syed Rashid Rahim for Respondents.
Date of hearing : 11th November, 1979.
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