Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6),13

Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(e)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6)---Ejectment of tenant---Tentative rent order---Object, purpose and scope---Sort of security is provided under such order to landlord for early decision of litigation and to save him from further expensive course of instituting a separate suit for recovery of arrears of rent which becomes due from tenant during pendency of eviction petition---Tentative rent order is an effective check against tenant to prolong ejectment proceedings---Direction for payment of rent is made on the principle that a person who seeks equity must do equity and come with clean hands and should not render himself as defaulter---Provision of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, is not a vehicle of oppression against tenant---Deposit of rent in terms of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, provides protection to both landlord and tenant and paramount consideration is to curb protracted litigation in between landlord and tenant. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(e)---Judicial proceedings---Presumption---Judicial proceedings are blessed with presumption of truth and court is bound to believe judicial record. (c) West Pakistan Urban rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art.199---Constitution petition--Ejectment of tenant---Tentative rent order---Determination---Powers of review---Rent Controller directed tenant to deposit arrear of rent and future rent every month but subsequently reviewed his order and directed the tenant to deposit partial arrears of rent---Validity---Purpose of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, was to ward off the delay causing early disposal of cases, therefore, legislature intentionally . not provided for remedy of review and other alike nature against any interim order passed under West Pakistan Urban Rent Restriction Ordinance, 1959---Order of deposit of rent at an apportionate or tentative rate could not be reviewed by Rent Controller---Exact rate of rent was to be determined after order for deposit of tentative rent had been complied with and…

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