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ISMAIL versus SHER BANO


Section 21 Constitution of Pakistan (1973), Article 185 (3) allowed leave to appeal whether the High Court erred in changing the finding of the rent controller on the issue related to the default of payment of rent. The decision was made in favor of the tenant. Particularly when no cross-appeal was filed by Landy when the finding of a default settlement of rent control payments was based on a misrepresentation of the evidence on record but he did Had decided to request the eviction of another land premises in favor of the landlord. In the event of an appeal not filed by the Tenancy and High Court, there were questions raised by him personally for personal use, however no cross-appeal or cross objection was raised on his behalf while the ordinance did not. Under section 21 (3), the appeal hearing was empowered to find the reverse. In the case of default in payment of rent the controller of the rent decides in favor of the tenant even in the absence of a cross appeal or cross objection by the landlord.

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