Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13(6)-Future rent directed to be deposited before 15th of month coming immediately after month for which rent due-Failure to make deposit before 15th-Held, entails striking off of defence and passing of order of ejectment of defaulting. tenant-Tenant depositing rent on 15th-Nothing to show that delay of one day was due to any reason beyond control of tenant-Such tenant cannot avoid legal consequences of his failure to comply with direction of Rent Controller. Muhammad Jan v. Khadim Hussain 1973 S C M R 243 rel. ORDER This is a second appeal against an order for the ejectment of the appellant, Muhammad Siddique from a house owned by the respondent, Muhammad Rashid. 2. The order under appeal was made in an application, under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, filed by the respondent against the appellant. The Rent Controller, who was seized of the application, directed the appellant, under subsection (6) of section 13 of the said Ordinance, to deposit future rent before 15th of the month next following the one for which it became due, but he deposited rent for the month of October 1977 on 15th November, 1977 although in the terms of the above direction of the learned Rent Controller he should have made the deposit before the 15th of November. The learned Rent Controller, therefore, struck off his defence and ordered his ejectment. He went in appeal before an Additional District Judge, but without success. Hence this second appeal. 3. Learned counsel for the appellant contended that the appellant had misunderstood the order of the learned Rent Controller regarding the deposit of rent inasmuch as his impression was that the rent for the month of October could be deposited on the 15th of November also. He, therefore, maintained that the default on the part of the appellant was not wilful. I am not impressed by the contention raised by the learned counsel for the appellant. The learned Rent Controller had clearly directed that rent for each month shall be deposited before the 15th day of the next month and thus by using the word "before" he left no room for doubt…

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