Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(6)-Rent Controller-Jurisdiction-Arrears of rent becom­ing time barred-Cannot be ordered to be deposited under S. 13(6). Ashfaqur Rahman v. Ch. Muhammad Afzal P L D 1968 S C 230 and Ashfaqur Rahman v. Ch. Muhammad Afzal P L D 1971 S C 766 ref. ORDER HAMOODUR RAHMAN, C. J.-The petitioner is the owner of promises No. 331 Artillery Maidan Quarter, Karachi. The respondent was a tenant in occupation of a shop on the ground floor of the said premises. On the 17th of November 1964 the petitioner applied for the eviction of the respondent on the ground that the respondent had defaulted in the payment of rent for the period 1-9-1953 to 31-10-1964 amounting to Rs. 6,750 calculated at the rate of Rs. 10 per month. The respondent denied the default on the ground that there was some dispute relating to the person who was entitled to receive the rent of this shop. The respondent also set up a plea that the landlord was not entitled to claim time-barred rents. Notwithstanding this plea, the Rent Controller on the 22nd of April 1965 tentatively fixed the rent at Rs.50 per month and the arrears up to 31st of June 1965 at Rs.4,750 and directed the respondent to deposit the said arrears in two equal installments. He also directed the respondent tenant to pay future rent at the same rate before the 5th day of each month beginning with May 1965. During the pendency of these proceedings, section 13 of the West Pakistan Urban Rent Restriction Ordinance was amended on the 8th of June 1965 and instead of 5th the 15th was substituted as the day by which the tenant has to deposit the tentative monthly rent. The respondent deposited the arrears of rent as directed by the Rent Controller as also continued to deposit monthly rent which was not always before the 5th of each succeeding month, but apart from two months, it was deposited before the 15th of each month. The landlord, however, on the 9th of March 1967 made an application for striking off the defence of the respondent on the ground that he had failed to comply with the order of the Rent Controller. The application was dismissed by the Rent Controller, who held…

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