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

Section: 13(6)

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

Section: 13(6)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13(2)(i)(ii)(9)(3)(ii),(6) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent, subletting and personal need---Tentative rent order, non-compliance of---During proceedings before Rent Controller, tenant vide tentative rent order was directed to deposit monthly rent of shop in question before 15th of every month---Tenant having failed to comply with said tentative rent order, landlord filed application for striking off defence of tenant---Rent Controller instead of striking off defence of tenant," preferred to decide the case on merits and ejectment application filed by landlord was dismissed---Appellate Court below, passed ejectment order against tenant on the ground that tenant who had failed to comply with tentative rent order passed by the Rent Controller was liable to be ejected---Tenant had deposited the outstanding monthly rent for the month of August, September and October on 15-10-2008---Under the provisions of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, tenant as required to deposit the rent of August, 2008 before 15th of September, 2008 and the rent for the month of September before 15th of October, 2008--Word used "before 15th of each month" did not carry any other meaning except the one that the payment should be made earlier than that date---Deposit of rent on the 15th of calendar month would constitute non-compliance with the Rent Controller's order---In the present case delay could be condoned for the month of August, but the tenant not only defaulted in depositing rent of month of August, but also failed to deposit the rent of September, for which no reason or unavoidable circumstances had been shown---No illegality, perversity or jurisdictional defects were found in the order of the Appellate Court below warranting interference of High Court in its extraordinary constitutional jurisdiction---Constitutional petition was dismissed. Hayat Ali v. Miss Aziza Mahmud 1980 SCMR 298 ref. Burhan Latif Khaisori for Petitioner. Ahmad Ali Khan for Respondent. Date of hearing: 25th…

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