Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13, 15(4)

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13 & 15(4)-Eviction of tenant-Limitation-Tenant denying relationship of landlord and tenant between parties and such plea accepted by Rent Controller-Appellate Court on appeal by landlord remanding case to Rent Controller, by order dated 13-3-73 and Rent Controller passing order for deposit of rent and eventually on non-deposit of rent striking off tenant's defence on 4-4-1973-High Court in second appeal holding appeal barred by time against order dated 13-1-1973 passed by first appellate Court-High Court, held, perfectly justified in dismissing appeal as barred by time and tenant having failed to deposit rent as directed by Rent Controller his defence rightly struck off-Constitution of Pakistan (1973), Art. 185(3).-.-[Limitation-Second appeal]. Date of hearing : 13th September, 1978.                                                                                                                                 ORDER WAHEEDUDDIN AHMAD, J.-The dispute between the parties is in respect of one portion of property No. F,/66-1141,/Hyderabed which was leased out to him at a rent of Rs. 60 p. m. This property became evacuee property by order of this Court dated 8-3-1967. The respondent filed an application for the eviction of the petitioners vide his Application No. 45 of 1969 in February, 1969 in the Court of the Rent Controller and Civil Judge, Hyderabad on the ground of default since July, 1968 and personal bona fide requirements. This application was resisted and the petitioner denied the relationship of landlord and tenant between the parties. This plea was accepted by the Rent Controller and he held that there was no relationship of landlord and tenant between the parties, by order dated 9-12-1971. The respondent challenged this order in Appeal No. 163/71 before the learned III…