Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(6)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(6)-Tenant not complying with order under S. 13(6)-Defence can be struck of even when case ripe for arguments-Controller, in such case, however, to pass order both on merits as well as under S. 13(6)-Civil Procedure Code (V of 1908), O. XX, r. S.   Malik Taj-ud-Din Ahmad v. Dr. Muhammad Abdul Shakoor P L D 1962 Lah. 175 distinguished.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Tenant directed, during pendency of proceeding, to deposit future rent before 5th of each month-4th of month happening to be Sunday-Rent can validly be deposited on-5th-General Clauses Act (X of 1897), S. 10.   Nijabat Khan v. Nur Ahmad and others P L D 1957 I-ah. 9.2 and Ghulam Muhammad v. Mst. Raj Begum P L D 1962 Quetta 136 ref.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)-Default-Meaning-Provisions of S. 13(6 deal with private rights and are meant for benefit of landlord-Default committed by tenant in complying with order under S. 13(6) Can be waived-Order directing tenant, during pendency of pro ceeding, to deposit monthly rent before 5th of each month--Tenant committing default in depositing rent of particular month on last due date but thereafter depositing rent within time-Landlord railing to take objection for nearly one year-Default held. to have been waived by landlord.   Abdul Majid v. Saadullan and another P L D 1963 Quetta 16; Mst. Shah Jehan v. Mst. Mukti P L D 1963 Kar. 777; Government of Province of Madras v. Al. Ar. Rm. Vellayan Chettiar A I R 1144 Mad. 544; Vellayan Chettiar v. The Government of the Province of Madras P L D 1947 P C 160 anti Maxwell on Interpretation of Statutes, 11th Edn., p. 376 ref.   Interpretation of Statutes-Mandatory provisions in statute meant solely for benefit and protection of individual in his private capacity-Application of such provisions can be waived-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6).   Maxwell on Interpretation of Statutes, 11th Edn., p. 376 ref.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(4),…