Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(6) , 13(2)(1)

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6)---Constitution of Pakistan (1973), Art. 199---Tentative rent order-- Constitutional jurisdiction, exercise of---Order passed by Rent Controller directing tenant to deposit arrears of rent as well as future rent pending decision of ejectment application against him, was purely interim in nature and could not be subjected to challenge by filing a Constitutional petition before High Court, as it would amount to defeating legislative intent. Muhammad Saeed v. Mst: Saratul Fatima and another PLD 1978 Lah. 1459 ref. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Tenant had contended that as landlord had filed a suit and not an ejectment application under S. 13 of Ordinance, 1959, Rent Controller had no jurisdiction in the matter---Although in heading of ejectment application it had been described as a case for possession, but a reading of documents had left no doubt that it was an ejectment application, especially when it had been filed in Court of Senior Civil Judge with powers of Rent Controller and landlord had claimed that tenant was liable to be ejected on ground shown therein which was fully covered by S. 13 of the Ordinance. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---   ----S. 13---Ejectment application---Competency---Tenant had urged that tenancy between parties being for a fixed period of 8 months, ejectment application was not competent---Filing of ejectment application even in cases of fixed tenancy was barred only on ground of personal use and not where ejectment was being sought also on other grounds. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----Ss. 13(2)(1) & 13(6)---Default in payment of rent---Security deposit-- Adjustability---Tenant had contended that he was not defaulter and in any case, as a considerable sum was lying with landlord as security , no tentative rent order could be passed by Rent Controller---Question as to whether or not tenant was a defaulter, could only be adjudicated upon after trial of ejectment application---Law had enjoined upon a tenant a condition precedent to the…