Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,15(6)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,15(6)

Law: Civil Procedure Code (V of 1908)

Section: 100,PartVI,FirstSchedule

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Ejectment petition---Default in payment of rent, ground of---Tenant's plea that he used to pay rent through money orders before filing of ejectment petition---Proof---Tenant had failed to produce in evidence receipts of money order---Tenant had not confronted landlord with receipts exhibited in evidence of tenant that those were issued by landlord---Rent deposit order directing tenant to deposit rent for specified months would show that tenant had defaulted in payment of rent for such months---Ejectment petition was accepted in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15---Ejectment petition---Sub-letting of demised premises, ground of---Denial of such ground by tenant---Ejectment order passed by Rent Controller upheld by Appellate Court---Tenant's plea that Rent Controller had not framed issue regarding sub-letting---Validity---Rent Controller had framed a general issue, whether landlord was entitled to relief prayed for---Evidence of landlord consisted of statement of photographer having taken photographs of demised premises showing its sub-letting by tenant---Tenant stated on oath that his petrol pump installed at demised premises was sealed by authority; and that he had not sublet demised property to property dealer or for keeping cattle there---All this would show that tenant was aware of controversy and he led evidence accordingly---Mere non - framing of issue would not matter in circumstances---High Court dismissed appeal in circumstances. Shakeel Javed Chaudhry for Appellant. JUDGMENT KH. IMTIAZ AHMAD, J.--- This S.A.O is directed against the order dated 18-12-2009 passed by the learned Rent Controller, Multan whereby he accepted the ejectment petition and against the order dated 2-2-2011 passed by the learned Addl. District Judge, Multan whereby the appeal was dismissed. 2. The learned counsel for the appellant contended that as far as the question of default is concerned, the default was alleged from September, 2004 but absolutely there was no evidence by the landlord that the appellant had defaulted in the payment of…

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