Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Ejectment-District Judge after affirming finding of Rent Cont roller as to rent of premises being Rs. 4 p. m. ordering tenant to deposit rent for a certain period @ Rs. 20 p. m. and on failure to make deposit as such appeal to be taken as accepted, defence of tenant struck off and order of ejectment passed-Such further order passed by District Judge, held, amounted to determination of fair rent for future and such cause not permissible in proceedings under S. 13 nor could eject ment be ordered for non-payment of rent @ Rs. 20 p. m. in circumstances. Date of hearing: 17th February 1980.                                                                                                                     JUDGMENT This appeal involves a very short question as to whether the learned District Judge after dismissing the appeal filed by the respondent could issue the directions as contained m paragraph 10 of the impugned order. The relevant observations of the learned District Judge are quoted below:- "The result of the above conclusion is that the appeal is dismissed but the respondent is ordered to deposit the rent from 1-6-1970 to 31-12-1972 at the rate of Rs. 20 per month amounting to Rs. 600 till 6-4-1973 in the Court of the learned Rent Controller, Dera Ghazi Khan (Administrative Civil Judge). In case he fails to do so the. appeal shall be taken to have been accepted, the defence of the res pondent struck off forthwith and order of ejectment passed. In view of the complicated nature of the questions involved the parties are left to bear their own costs." 2. The respondent had filed an application for the eviction of the appellant and the learned Rent Controller vide his order dated 26th July-, 1971 had dismissed the application. One of the issues framed (being Issue No. 4) was whether the appellant was…