Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & IS-Stay order, if any, passed regarding deposit of rent, by first appellate Court-Dismissal of appeal revived Rent Controller's order and rent should have been deposited within reason­able time-Date of dismissal of appeal-Could not be taken as a first starting point of limitation for deposit of rent. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & 15-Rent Controller has no powers under Ordinance to extend period fixed by him for depositing rent. Messrs Ansari Brothers Radio Dealers, Lahore v. Holy Trinity Church Trust, Lahore P L D 1971 S C 700 ref. JUDGMENT SAJJAD AHMAD, J. This is a tenant's appeal, by special leave, from the judgment of a learned Single Judge of the former High Court of West Pakistan, whereby the order for his ejectment from shop No. D/616-617, Kucha Ganga Ram, Bohar Bazar, Rawalpindi, as made by the Trent Controller and upheld by the Additional District Judge on first appeal, was confirmed. The respondent-landlord had applied for the appellant's ejectment from the shop in question on the 9th of December 1963. On the 23rd of April 1965, a preliminary issue was struck as to whether relationship of landlord and tenant existed between the parties. This was decided in favour of the landlord, and on the 24th of April 1965, the Rent Controller ordered the appellant to deposit the arrears of rent amounting to Rs. 774 and to deposit the future rent at the rate of Rs. 20 per mensem before the 5th of each month. The appellant challenged this order in appeal before the learned Additional District Judge, who dismissed it on the 17th of December 1965. The appellant failed to deposit the rent, as directed by the Rent Controller, during all this period, and on the 3rd of January 1966, he moved an application to the Rent Controller, praying for enlargement of time for deposit of rent, which was rejected by him on the 26th of January 1966. Leave to appeal was granted in this case on the 16th of April 1969, as leave had already been granted in an identical case in Civil Petition No. 39 of 1969 (Messrs Ansari Brothers Radio Dealers, Lahore v, Holy…

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