Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13(6)-Security amount adjustable towards rent-Held, to be taken into consideration while passing order under S. 13(6) or determining of default in-non-compliance of order. Zubeda Begum v. Mumtaz Hassan P L D 1975 Lah. 1504 and Muhammad Amin v. Ahmad Bakhsh P L 1;) 1976 Lah. 1302 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13 and Civil Procedure Code (V of 1908); O. VII, r. 7-Cause of action--Maturing of cause of action during pendency of petition, altogether different from accrual of fresh cause of action during pendency of appeal-Tenant subletting property during pendency' of petition-. fresh eviction petition for such cause to be filed and cannot be considered in pending petition. [Cause of action]. JUDGMENT KHURSHID AHMAD, J.-This appeal is directed against the order of the learned Additional District Judge, Faisalabad, dated the 5th June 1971 by which the order of the learned Rent Controller, dated the 1st May 1970 was upset. . 2. Briefly stated the facts of the case are that on 24-5-1966 the appellant filed a petition for eviction of the respondent from Shop No. P-9, Ward No. 3, near Jamia Masjid, Kutchery Bazar, Faisalabad which is in his occupation on a monthly- rent of Rs. 6'0. The application was originally filed against Nisar Ahmad respondent No. 1 and the application proceeded on the ground of default from January to May 1960 and another ground for subletting of the same to some other person as an occupant. On 4-12-1963 a sum of Re. 2,000 had been advanced by the respondent: according to which Rs. 30 was to be adjusted towards the monthly rent, and Rs. 30 towards the said advance. The whole amount of Rs. 60 was payable after the entire amount of Rs. 2,000 was to be adjusted in one half rent. On 30-6-1966 the respondent No. 1 filed written, reply in which both the allegations were denied. On 7-9-1966 an order under section 13(6) on the Urban. Rent Restriction Ordinance, 1959 .was passed directing the respondent No. 1 to pay arrears of rent from January to May 1966 @ Rs. 60 p.m. before 14-10-1966 and the future rent was to be paid before the 15th of each…

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