Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----   ----S. 13(6)-Provision meant for benefit of landlord-Can be waived on general principle-Court ordering deposit of future rent before 5th of each month - Landlord receiping rent out of Court-Cannot subsequently claim that tenant's defence be struck off for non-deposit of rent.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------   ----Ss. 13(6) & 15 - Rent not deposited in terms of Court's order under S. 13(6)-Only Rent Controller competent to strike off defence-Appellate authority hearing first or second appeal cannot resort to provisions of S. 13 (6)-Civil Procedure Code (V of 1908).   (c) Appeal (Civil)---   ----Powers of Appellate Court-Cases in which Court of appeal may exercise powers of first Court and impose same penalty for non-compliance wish its order as that Court could impose-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 (6) & 15-Civil Procedure Code (V of 1908), S. 107.     JUDGMENT   This is a second appeal by Jalal Din and Maqbul Ahmad of Mughalpura, Lahore, from the order of Mr. Jamil Asehar, District Judge, Lahore, (Appellate Authority) reversing the order of the Rent Controller and striking off their defence in an application for their ejectment from a shop situated in the main bazar of Mughalpura for non-deposit of rent under section 13 (6) of the Rent Restriction Ordinance 1959, (hereinafter referred to as the Ordinance).   2. The application for eviction of the appellants was filed in the Court of one of the Rent Controllers of Lahore, on the 26th of February 1960, on the grounds :-   that the shop was needed for the son of one of the landlords;   that the appellants carried on business in the shop which was a nuisance for theneighbours ; and   that they had damaged the shop.   On the 27th of April 1960, the appellants filed their written statement in which theycontroverted the pleas for their eviction and although there was no complaint for non-payment of rent against them, the learned Rent Controller directed that they should deposit future rent at…