Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: S. 13 (6)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6) Application for ejectment -Respondent denying factum of tenancy-Rent Controller first to determine whether or not respondent was tenant of applicant before passing order or deposit of arrears of rent-[Ilyas Dobash v. Muhammad Iqbal P L D 1960 Lah. 1112 overruled].   M applied under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 to evict A from a shop on the allegation that A was his tenant and that he had defaulted in payment of monthly rent 'in respect of the shop. In defence denied that he was a tenant of M and further alleged that the shop in question belonged to a Trust which had cancelled its allotment in favour of M and allotted the same to him. Before taking cognizance of the pleas raised in written statement the Rent Controller, acting under section 13 (6) of the Ordinance, directed to deposit the provisional amount of Rs. 875 on account of arrears of rent, and thereafter to deposit Rs. 125 by the 5th day of every month. A brought this order of the Rent Controller in appeal before the District Judge who disagreeing with the Controller, directed that the plea whether A was a tenant under M should be inquired into first and that action under section 13 (6) of the Ordinance may be taken if the issue was determined in favour of M. Dissatisfied with the order of the District Judge, l4 preferred a second appeal which at first came before a single Judge of the High Court. The mainstay of the argument raised in appeal before him was a decision of the High Court in Dr. Ryas Doiash v. Muhammad 1qbal P L D 1960 Lah. 1112 and as he did not agree with the ratio decidendi in that case the matter was put up before a Division Bench for an authoritative pronouncement on the interpretation of section 13 (6) of the Ordinance. On the question, therefore, that where in an application under section 13 (6) of the Ordinance, the respondent denies the factum of tenancy whether subsection (6) of section 13 still makes it obligatory for Rent Controller to insist that rent be deposited before plea of respondent denying the tenancy can be considered or made into an issue:  …