Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---S. 13 Ejectment Default in payment of rent Cash rent for five months admittedly not paid by petitioner tenant to landlord¬ Petitioner's plea of his being entitled to adjustment of rent due for such period owing to his having paid certain amount to a mason for repairs and a bond of a certain amount not proved satisfactorily¬ Rent remitted for subsequent period by money order Not a validly tendered rent without having cleared arrears due for preceding period¬ Petitioner also failing to pay monthly rent within 60 days from month for which payable Tender of arrears of rent for several months Cannot condone default thus committed Mere fact of petitioner having at times paid rent after two, three or four months¬ Could not absolve tenant of his liability at law Three Courts below having concurred in holding petitioner to be a defaulter such finding of fact unexceptionable and not open to interference. [Finding of fact]. JUDGMENT MUHAMMAD AKRAM, J. On the 14th of March 1977, the learned Rent Controller, Rawalpindi ordered the ejectment of the present petitioner from the house in dispute. His appeal against the order was dismissed by the learned District, Judge, Rawalpindi and be also failed in second appeal which was rejected in limine by a learned Judge of the Lahore High Court at Lahore on the 18th of February 1979. This is his petition for special leave to appeal from the order. We have heard the learned counsel for the petitioner in this petition before us. The application for the ejectment of the present petitioner from the house was based on the two fold grounds that he had caused material damage to the property and was a defaulter in the payment of the rent amounting to Rs. 1,400 due from him since June 1973 at the rate of Rs. 50 per mensem. The learned Rent Controller found against the petitioner in holding that he was a defaulter in the payment of the rent due to the respondents and ordered his ejectment on that ground alone. In appeal the learned District Judge agreed with the findings of the Rent Controller. His order on the point is more elaborate and exhaustive. He observed that it was a common…

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