Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -----S. 13 read with S. 13 A Ejectment for non payment of rent¬ Non payment of rent sought to be justified on ground of plot in suit having earlier been forfeited from name of landlords Plot however subsequently restored to landlords and landlords intimating such fact to tenants Tenants, held, not justified in withholding payment of rent or to ask landlords to show them relevant order regarding restoration of their title so as to scrutinize title of their land¬lords after notice under S. 13 A served on them by landlords Even otherwise, held further, tenants having themselves taken plot on rent from landlords, tenants stood estopped from questioning status as such of landlords after restoration of aforesaid title. [Estoppel]. ORDER KARAM ELAHEE CHAUHAN, J. The dispute in this case is about a plot bearing No. 51/10; situated in Garden West, Karachi. M/s. Fine Art Dyers and Printers were the tenants of this plot and Messrs Haji Abdul Rasool and others were their landlords. The parties remained indulged in multiple litigation regarding the payment of rent and other similar matters but it is not necessary to go into the details of the same and for the purpose of the present order it will 'be sufficient to mention that on 10 2 1968 the landlords filed an application for eviction of the tenants under section 13 of the West Pakistan Urban Rent Restriction Ordinance VI of 1959 (hereinafter called the Ordinance) inter alia on the ground of default in the payment of rent for the period 1 3 1961 to 31 12 1967 (since the other grounds on which eviction was sought are not in issue at this stage therefore they need not be mentioned here). The application was dismissed by the learned Rent Controller by means of his order dated 20 12 1969, who held that there was no default inasmuch as the title of the landlords was in turmoil because the plot remained forfeited from their names for sometime until 30 10 1967 when it was again restored to them. 2. The landlords filed an appeal which was accepted by the learned Additional District Judge, Karachi, by means of his judgment and order dated 27 1 1971 whereby he reversed the…

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