Law: Constitution of Pakistan, 1973

Section: 13 , 15

JUDGMENT

The petitioners, Anwar Khan Khanzada and others, made an application against the respondent, Gulzar Ahmad, for his eviction from certain premises. The Rent Controller who had heard the application directed the respondent, under subsection (6) of section 13 of the Punjab Rent Restriction Ordinance, 1959, hereinafter referred to as the Ordinance to deposit certain arrears of rent before 15th September 1980. The arrears were, however, deposited on and not before the said date. The respondent made an application for con doning one day's delay in making the aforesaid deposit stating that he had misunderstood the order regarding deposit of rent and, therefore, he did not do the needful before 15th September 1980. His prayer was not acceded to by the learned Rent Controller. He, therefore, struck off his defence and ordered his eviction. The respondent went in appeal before an Additional District Judge who, without expressing any opinion on the question whether the respondent's default was wilful or not, set aside the order of the learned Rent Controller on the ground that no opportunity was . afforded to the respondent "to adduce evidence in proof of the circumstances which prevented him from making the deposit within the given period". The appeal was, therefore, accepted and the case remanded to the learned Rent Controller with the direction that he shall redecide the respondent's application for condonation of delay after recording his evidence. Feeling aggrieved by the order of the learned Additional District Judge, the petitioners have filed this Constitutional petition.