Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6)-Rent Controller to fix tentative rent on basis of material produced and tenant to comply with such order subject to adjustment of amount paid when rent finally determined on merits of case Determination to such effect possible only when tenant defends eject ment proceedings-Tenant failing to comply with order under S. 13(6) forbidden to contest proceedings and his defence liable to be struck of Rate of rent specified in rent note and Rent Controller ordering rent to be paid at such rate, tenant's contention as to rent being lesser and amount mentioned in rent note being incorrect, held, patently a dishonest plea and no ground for interference made out. Date of hearing : 2nd April 1979. ORDER NASIM HASAN SHAH, J.-This is a petition for leave to appeal against the order dated 5-11-1978 of the Lahore High Court dismissing the second appeal (S. A. O. No. 396/78) preferred by the petitioner against the order of his ejectment under section 13 (6) of the Rent Restriction Ordinance. In view of the contentions pressed before us, it is sufficient to say that the petitioner had taken on rent the house of respondent at the rate of Rs. 400 per month which house the landlord sought to get vacated on the grounds raised in the ejectment petition. During the proceedings before the Rent Controller, an order was passed, by him under section 13(6) of the Rent Restriction Ordinance determining tentative rent at Rs. 400 per month and the tenant was directed to deposit the entire rent due from him at that rate and to continue to deposit the future rent before the 15th of each month also at that rate. The tenant deposited rent for two months at Rs. 300 per .month instead and the plea taken was that Rs. 300 per month was the correct rate of rent and even the landlord had withdrawn this amount. The Rent Controller found that his order under section 13(6) had not been complied with and ordered the striking off his defence resulting in his ejectment from his house. This order was maintained on first appeal as also his second appeal in the High Court. Mr. Hakam Qureshi in support of this petition has contended that in…