Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(9)---Default---Non deposit of rent by tenant as ordered by Rent Controller---Striking off defence---Provisions of S.17(9) of the Cantonments Rent Restriction Act, 1963, was mandatory in nature and even one day's delay in making the deposit would come within the meaning of default and the Rent Controller had no power to extend the time or condone the same---Tenant did not adhere to the direction of the Rent Controller and failed to deposit the rent within the prescribed time, Rent Controller had no option but to invoke the penal provisions as contained in S.17(9). Misbahullah Khan v. Mst. Memoona Taskinuddin 1995 SCMR 287; Mst. Fatima Gul v. Malik Saeed Akhtar PLD 2005 SC 34 and Khwaja Muhammad Mughees v. Mrs.Sughra Dadi 2001 SCMR 2020 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Fazli Ahad filed this appeal against the judgment/order dated 11-4-2012 passed by the learned Cantonment Rent Controller, Nowshera to which the defence of present appellant was struck off under section 17(9) of Cantonments Rent Restriction Act, 1963. 2. Brief facts of the present appeal are that Mst.Hussan Zari widow of Gharib Khan through her attorney filed an application for ejectment before the Rent Controller on 26-11-2010. During pendency of the said application the lower tribunal under subsection (8) of section 17 of Act, 1963, ordered the respondents to pay the rent before 5th of each month. The record transpired that the present appellant failed to deposit the rent for the month of December, 2009 and July, 2010 within the prescribed time rather the rent for the month of July, 2010 was deposited on 30-8-2010. The present-respondents preferred an application before the Rent Controller for striking of the defence of the present appellant under section 17(9) of the Act, which was allowed vide the impugned…

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