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MUHAMMAD ISMAIL versus VIITH ADDITIONAL DISTRICT JUDGE, SOUTH KARACHI


Section 15 (2) (ii) Civil Procedure Code (V8 1908), O IX, R 13 Constitution of Pakistan (1973), Article 185 (3) of the tenant on the basis of default in payment of rent to the landlord and tenant party By submitting evidence and a large number of documents in their affidavit, the rent controller accepted the eviction request and instead petitioned the applicant to dismiss the applicant, instead of filing a legal appeal against the eviction. Not long after the approval of the order, withdrawal order was filed under Order IX, R 13, CPC, which was dismissed, the letter of possession against the applicant was issued in the process of the petition, ownership. The constitutional application filed by the petitioner against the writ petition was dismissed. The affidavit that was in accordance with his pleadings was settled by the tenant controller's question of unauthorized and unauthorized landlord ownership facts, which was not challenged in the appeal, after reaching the deadline. Also, the question could not be answered which was properly heard by the High Court. The constitutional petition was dismissed as it was not expected to enter the question as to whether the applicant had any right to challenge the title of the landlord in the process of evacuation without first surrendering. There was no title, interest or title. , There was no ground available for a vacation grant against the improper order of the High Court, which was unimaginable

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