Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(2)(i)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(2)(i), second proviso---Object of S. 13(2)(i), second proviso, West Pakistan Urban Rent Restriction, Ordinance, 1959---Default in payment of rent---Tenant against whom ejectment application was filed by landlord on ground of default in payment of rent of premises claiming benefit of second proviso to S.13(2) of West Pakistan Urban Rent Restriction Ordinance, 1959-- Entitlement---Tenants, who after service was effected upon them, appeared either in person or through counsel did not offer payment of outstanding rent to landlord, in terms of second proviso to S. 13 (2) of the Ordinance, 1959 but obtained adjournment and after two or three adjournments filed their written statements in which they did not make unconditional offer to deposit rent due and raised certain preliminary objections and offered to pay rent conditionally---Second proviso to S. 13(2) of West Pakistan Urban Rent Restriction Ordinance, 1959 was enacted for the purpose of benefit of tenants with the object to shorten litigation between parties , subject to condition that on the first date of hearing when tenant appeared and he candidly and with unqualified statement admitted liability and offered to make payment, Rent Controller on accepting such offer would record order directing him to deposit rent and thereafter, without even looking into merits of ejectment application, would summarily dismiss the same---Tenants, having failed to fulfil condition to make unqualified offer on the first date of hearing for payment of rent, were not entitled to benefit of second proviso to S.13(2) of West Pakistan Urban Rent Restriction Ordinance, 1959-- Tenants were rightly ordered to be ejected on ground of default in payment of rent of premises. Hazrat Umar v. Zafar Majeed and 13 others PLD 1991 SC 138; Muhammad Siddique Qureshi v. District Judge, Peshawar and others PLD 1993 SC 192 and Habibullah v. Rent Controller, Peshawar 1996 SCMR 362 ref. Muhammad Arshad Chaudhary for Appellants. Raja M. Afsar for Respondent. Date of hearing: 18th June, 1997. JUDGMENT Muhammad Saddique and Mrs. Zaib-un-Nisa Anees appellants are aggrieved from the…