Sindh Tenant Limitation Ordinance 1979 Section 13 Constitution of Pakistan (1973), Article 185 (3) was allowed to consider the practice of payment of rent, deposit rent for several months from the default payment of rent. Discretion was used in favor of the controller. In the presence of documentary evidence, the feasibility of ordering evacuation and if the ratio of the case of Ulema Ahmed v. Amir Ali PLD 1984 SC 32 was properly implemented or Mohammed Younus Malik v. Ershad 1990 SCMR 185 On the issues of Tahir Ali bin Shiran Bakhsh, Karam Bakhsh and others 1989 SCMR 403 and Muhammad Rafiq Chaudhry v. Abdul Hameed 1988 SCMR 1385 were more appropriately applicable to this case.
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