Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. l3-Default in payment of rent-Tender of rent of several months in lump sum-Not proper tender under Ordinance. ORDER HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of a learned Single Judge of the High Court of Sind & Baluchistan in second appeal arising out of proceedings for the ejectment of the petitioner under the West Pakistan Urban Rent Restriction Ordinance, 1959, on the ground of default in respect of service of notice under section 30 of the Displaced Persons (Compensation and Rehabilita­tion) Act, 1958, on the 9th of September 1965. The landlord claimed that the rent was payable at the rate of Rs. 15 p.m. and that the petitioner had defaulted in the payment of rent from the 1st of May 1963. The house was transferred to the landlord and the P. T. O. had been issued in his favour on the 21st of November 1960. At that time the rent was Rs. 9.50 per month, but, sometime in January 19b5, the Additional Commissioner, Karachi, it is said, had in a revision application re-assessed the rent and fixed it at Rs. 15 per month. At this rate the total amount of the arrears claimed was Rs. 562. The defence of the petitioner was that he had tendered rent at the rate of Rs. 9.50 per month on the 30th of July 1964, in respect of the rents from May 1963, to July 1964, and, then again he had tendered rent by money order on the 1st of May 1965, in respect of the rents for the months of February, March and April 1965. In addition, he was entitled to adjust repair charges incurred by him and if these adjustments were given and the tenders taken into account, there would be no default. Unfor­tunately, even on this defence, there was nothing to show that the rents for the months of August to December 1964 and January 1965 had been paid or tendered by the petitioner at all, and, furthermore, that this tender of rents of several months at a time in a lump sum was not proper tender under the West Pakistan Urban Rent Restriction Ordinance, 1959. On his own showing, therefore, he was a defaulter. In addition to this, it appears that after notice under section 30 of…

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