Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & 15--Controller's order directing deposit of arrears and future monthly rent-Remains operative till final determination of proceedings before Controller-Appeal against order of Controller regarding deposit of arrears and future monthly rent and appellate authority, pending disposal of appeal, staying operation of that order-Appeal dismissed thereafter-Order of Controller directing deposit of arrears and future rent, in such event, gets restored. ­Time allowed, for depositing rent, elapsing during pendency of appeal and appellate Court while disposing of appeal not fixing any time limit for purpose-Question, what should be time limit within which Controller's order should be complied with-Time for payment of future monthly rent-Statutorily fixed under S 13(6) and Controller not competent to enlarge that time-Controller, in event of default, has no option but to strike of defence. In an ejectment proceeding the Controller on 3-12-59 made an order, under section 13 (6) of Ordinance VI of 1959, directing the tenant to deposit the arrears, of rent, of Rs. 6,480 by 6-1-60 and to deposit the future monthly rent before the 5th day of each month. Aggrieved by this order the tenant preferred an appeal before the appellate authority and obtained from him on 4-1-60 an order staying the operation of order of the Controller. The appeal was ultimately dismissed by the appellate authority on 2-4-60 but the appellate authority did not fix any time limit for depositing rent. On 4-4-60 the landlord moved the Controller for striking off the defence of the tenant on the ground that he had defaulted in complying with his order as regards deposit of arrears and future monthly rent. Instead of striking off the defence the Controller on 18-4-60 directed the tenant to pay "all arrears up-to-date" by 30-4-60 and to continue to deposit future rent by the 5th of each month. The tenant deposited by 30.4-60 only the original arrears of Rs. 6,480. The Controller thereupon on 30-4-60 passed an order of ejectment holding "I had ordered that all arrears up-to-date shall be deposited by today. Order not complied with.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492