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)-Tentative rent, fixation of-Rent Controller, held, not barred from fixing tentative rent at revised rate according to latest assessment. Date of hearing : 12th May, 1979.                                                                                                           JUDGMENT MUHAMMAD AKRAM, J.-On the 23rd of September, 1965 Muhammad Bakhsh, predecessor of the respondents herein filed an application for the eject ment of the present petitioner from a portion of the house in dispute under the Rent Restriction Ordinance. In course of the proceedings on the 2nd of Novem ber, 1970, the learned Rent Controller passed an order for the deposit of the arrears of the rent before the 30th of November, 1970 and also the future rent tentatively assessed by him. But the petitioner failed to comply with the order and accordingly his defence was ordered to be struck off by the Rent Controller on the 6th of January, 1971. His appeal was rejected by the Additional District Judge on the 30th of March, 1971, He also failed in second appeal dismissed by a learned Judge of the Lahore High Court at Lahore as also in the Letters Patent Appeal against the judgment rejected by the Division Bench of the High Curt on the 11th of April, 1979. This is a petition for special leave to appeal from the judgment. We have heard the learned counsel for the petitioner. On the 2nd of November 1970, learned Rent Controller in passing the order under section 13(6) of the Ordinance directed the petitioner to deposit a sum of Rs. 1,353 on account of arrears of rent for the period from the 23rd of September, 1962 to 22nd of May, 1968 at the rate of Rs. 10 per mensem and for the period from 23rd May, 1969 to 31st October, 1970 at the enhanced rate of Rs. 40 per mensem before the 30th of November, 1970 and also to regularly deposit the future monthly rent for…