Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S. 13(6)-Ejectment - Default in payment of rent Tenant ordered to deposit future monthly rent at specified rate before a specified date in each month but failing to deposit such rent regularly-Tenant pleading not having been duly apprised of order regarding deposit of future rent by his counsel and as such claiming default not to be wilful-Held: Petitioner tenant being negligent in prosecution of his defence by failing to keep himself fully informed of order passed against him, default in payment of rent not unavoidable or beyond his control ; hence order striking off defence unexceptional. Ghulam Muhammad Khan Lundkhor v. Sajdar Ali P. L. D 1967 S C 530 ; Saeedan Bibi v. Ali Hussain 1975 S C M R 261 and Hashim Khan v. Ghulam Nabi 1973 S C M R 112 distinguished. (b) West Pakistan Urban Rest Restriction Ordinance (VI of 1959)--- -- S. 13(6)-Opportunity to show cause-Provisions of Evidence Act, 1872 and Civil Procedure Code, 1908-Not in terms applicable to proceedings before Rent Controller-Opportunity to adduce evidence before striking off his defence-Need not necessarily be always given to tenant-Requirement being to allow fair opportunity to defaulting tenant to explain default on his part and petitioner tenant in fact allowed sufficient opportunity, order striking defence, held, unexceptional. Syed Muhammad Akram Shah v. Ch. Ghulam Nabi P L D 1967 Lah. 957 distinguished. JUDGMENT MUHAMMAD AKRAM, J.-The defence of the petitioner was struck off by the Rent Controller. Gujranwala in accordance with the provision contained in section 13(6) of the West Pakistan Urban Root Restriction Ordinance, 1959. The order was affirmed In appeal by the Additional District Judge, Gujranwala and uphold in second appeal dismissed by a learned single Judge of the Lahore High Court on the 24th October 1975. This is a petition or special leave to appeal from the order of the High court. Briefly the relevant facts are these. The respondent filed a petition for the ejectment of the petitioner herein from the premises in dispute under section 13 of tae Ordinance. In the course of those proceedings on the 19th April…

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