Law: West Pakistan Urban Rent Restriction Ordinance, 1956

Section: S. 13 (6) read with S. 17

Law: Civil Procedure Code (V of 1908)

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (XIX of 1956), S. 13 (6) read with S. 17 [West Pakistan Urban Rent Restriction Act (IX of 1957), S. 13 (6) read with S. 17]-Order for deposit of rent does not remain to force after lapse of Act --Omission to deposit rent after lapse of enactment does not entail striking off of defence though it may furnish new cause of action to landlord-S. 17 not applicable to interim orders-Order of deposit of rent not a " decree "-[Bakhshi Mahmood Ali v. Aurangzeb P L D 1960 Lah. 1210 dissented from].   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Failure to deposit rent-Not objected to or taken notice of at " proper time " before Controller-Cannot be made ground for striking off`' defence in appeal-Civil Procedure Code (V of 1908), O. XX, r. 5. JUDGMENT   MUHAMMAD YAQUB ALI, J.-Briefly the facts giving rise to this appeal are as under:-   Dr. Muhammad Abdul Shakoor respondent is the owner of a house situated in Samnabad, Lahore. About ten years ago, he leased it to Malik Taj-ud-Din appellant by an oral agreement at a monthly rent of Rs. 100. In 1956, the respondent moved an application under section 13 of the Rent Restriction Ordinance (XIX of 1956) in the Court of Mr. Obaidullah Khan, Rent Controller, for ejectment of the appellant, inter alia, on the ground that the appellant had failed to tender or pay the monthly rent for a considerable time. On. the 3rd of January 1957, the Rent Controller directed the appellant to deposit Rs. 800 as arrears of rent and thereafter to deposit the monthly rent before the 5th day of each month. Both the directions were complied with, but on the 4th of April 1957, before the application for ejectment could be disposed of, the Ordinance XIX of 1956, lapsed and in consequence of it, the petition was consigned to Record Room sine die. After that, the appellant did not deposit monthly rent, obviously for the reason that the Court of the Rent Controller had ceased to exist.   In 1957 the President of Pakistan promulgated Rent Restriction Act (IX of 1957) which, inter alia, provided that applications and proceedings which…