Law:

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This second appeal has been filed by the appellant, Dr. Imdad Ali to challenge an orde for his eviction from a house.   2. The impugned order was made on art" application for ejectment, filed by the respondent, Muhammad Latif alleging, inter alia, that the appellant had not paid rent as well as water charges for certain period. Thereupon, the Rent Controller, who was dealing with the application, made an order, under subsection (6) of section 13 of the West Pakistan. Urban Rent Restriction Ordinance, 1959, hereinafter referred to as the Ordinance, directing the appellant to deposit Rs. 360 as arrears of rent and Rs. 300 as water charges before 26th of November, 1977. The appellant deposited the arrears of rent but not those of the water charges. The learned Rent Controller, struck off his defence and directed him to vacate the house in question. His first appeal to an Additional District Judge has also failed.   Learned counsel for the appellant contended that the order made by the learned Rent Controller under the first part of subsection (6) of section 13 of the Ordinance was not in accordance with law inasmuch as under that provision of law he could not direct him to deposit the arrears of water charges. He also maintained that since the aforesaid order was illegal the learned Rent Controller could not strike off the defence of the appellant and order his eviction for not depositing the arrears of water charges.   In reply, learned counsel for the respondent urged that the water charges were also rent for the purpose of subsection (6) of section 13 and, therefore, the order of the learned Rent Controller did not suffer from any legal infirmity. He relied on the Explanation appearing at the end of subsection (2) of section 13 to support his plea.   The relevant portion of subsection (2) (including clause (i) thereof) together with the said Explanation read thus :-   "(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that -   (i) the tenant has…