Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(6)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6)Deposit of arrears of rentFinal order of eviction passed by Rent Controller and matter pending before appellate CourtOrder for deposit of arrears of rent under S. 13(6), held, cannot be pressed into service for striking off defence pate of hearing : 16tb December, 1979.                                                                                                                         JUDGMENT KHURSH)D AHMAD, J.Briefly stated ,the facts of the case are that the respondent filed a petition for the ejectment of Haq Nawaz deceased from Shop No. 62', Block No. 1, Rail Bazar, Jhang Saddar sin 29th October, 1965. On 23rd April, 1966 the learned Rent Con troller passed an order under section 13 (6) of the West Pakistan Urban Rent Restriction Ordinance for the deposit of Rs. 2,720 as arrears of rent at the rate of Rs. 100 p. m. from 1st June, 1963 to 30th April, 1966 which was to be deposited before 19th May, 1966. Haq Nawaz deceased filed an appeal on 14th May, 1966 which was accepted by the learned Additional District Judge, Jhang on 8th July, 1966 and the rent was reduced from Rs. 100 to Rs. 60. The aforesaid appellant had been directed to furnish security for the arrears of rent during the pendency of the appeal. After the remand of the case by the order of the Appellate authority, the respondent submitted an appli cation for striking of the defence on the ground that the rent for the months of May, June and July, 1966 had not been deposited in time. The learned Rent Controller accepted the application and struck off the defence of the original tenant and passed an order of eviction of the appellant on 7th October, 1966. On 24th October, 1966 an appeal was preferred against tide said order which was dismissed on 19th November, 1966 by the learned Additional District Judge. However, an S. A. O. No.…