Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17(8) & 17(9)---Default in payment of rent---Non-deposit of arrears of rent by tenant as ordered by Rent Controller---Striking off defence---Contention of the tenant was that the order had been passed in hasty and mechanical manner and the Rent Controller had no jurisdiction to pass an order for arrears of rent beyond three years---Plea of landlord was that once the tentative rent order was passed by the Rent Controller the tenant was bound to comply with the same or challenge the same before the competent forum, which was not done by the tenant---Validity---Only summary inquiry had to be made by the Rent Controller to determine the arrears of rent due, which had been done in the present case---Once the tentative rent order was passed by the Rent Controller, the tenant was bound to comply with the order and if he was not satisfied with said order he should have challenged the same before the competent forum which was not done by the tenant---Default on the part of the tenant stood established and his defence was rightly struck off---Delay of even a single day in the payment of the rent/deposit of the rent in the court created valuable right in favour of the landlord and the delay could not be condoned in the absence of reliable and cogent reasons for the same---Present case was even on the worse side so far as the tenant was concerned, as he had not deposited the rental amount and failed to comply with the order of the Rent Controller---Tentative rent order passed in the case was apparently a restrictive order whereby the landlord was restrained from withdrawing the amount of rent till final decision of the rent cases and the rate of rent and question of actual arrears of rent was yet to be determined on the basis of evidence of the parties but the tenant failed to comply with the tentative rent order, therefore, the Rent Controller had no option but to pass the order---Appeal was dismissed in limine. Khawaja Muhammad Mughees v. Mrs. Sughra Dadi 2001 SCMR 2020 rel. Muhammad Zahid Kabeer for Appellants. Hasin Ahmed for Respondent No.1. Date of hearing: 7th May, 2014. ORDER AFTAB AHMED GORAR, J.--- By…

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