Law:

Section:

Keywords: Evidence, Trial Court, Adjustment, Orders, Defaulter, Division, Dispute, Non-Compliance, Extension, Plea, Case Remanded, Eviction Application, Default In Compliance, Time-Barred, Defence, Extension Of Time, Tentative Rent, Procedure, Settlement Authorities, Compliance, Recovery, Rent Controller, Costs, Order, Payment, Question Of Law, Landlord, Petition, Payment Of Rent, Refund, Set Aside, Property, Parties, Rent, Illegal, Certificate, Permission, Copy Result: Case remanded JUDGMENT This is a Second appeal under the West Pakistan Urban Rent Restriction Ordinance (hereinafter called the said Ordinance) against the concurrent orders of a Rent Controller and District Judge, Karachi striking off the appellant's defence for non-compliance with the Rent Controller's orders for deposit under subsection (6) of section 13 of the said Ordinance. The respondents are the owners of the property demised to, the appellant and had filed .An eviction application against him sometime' in 1964. As the appellant contested the eviction ,application, in due course, the Rent Controller passed an order for deposit of tentative rent under subsection (6). He fixed the monthly rent at 36 and directed the appellant to pay Rs. 1.800 as arrears and to deposit the monthly rent at Rs. 36 p.m. The appellant complied with this order but according to the respondents, lie was irregular in the deposit of rent, therefore they filed an application that an enquiry should be made as to whether he had complied with the order of deposit of rent and that if it was found that he had committed breach of the order his defence should be struck oft: The appellant contested this application and the case of the respondents appears to have been that the appellant had committed default twice. Thus it was argued that he had deposited the rent of Decem ber, 1964 on 5th January, 1965 and she rent of March 1965 on 7th April 1965. As the 4th January, 1965 was a holiday, the-Rent Controller rejected the plea that the appellant had committed default in the deposit of the rent of Decem ber, 1964 but the rent of March, 1965 had been deposited on 7th April, 1'765, and the appellant's only plea in justification…

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