Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(6)-Tenant not depositing rent according to terms of tentative order for deposit of rent passed by Rent Controller and pleading illness-Rent Controller and pleading striking off defence-Appel­late Court also dismissing appeal but High Court on second appeal remanding case with direction to allow tenant to produce evidence on first date of hearing (except Doctor), to decide case within three months and to close case if tenant found to be deliberately committing default in producing evidence-Held : Incumbent on tenant in circum­stances to be present in Court on first date of hearing along with witnesses except Doctor-Notices issued to appellant several times prior to service but not served on him due to his dilatory tactics ­Remand order being conditional, lower appellate Court justified in declining appellant's request for adjustment. ORDER NASIM HASAN SHAH, J.-In a petition for ejectment of the petit one who is a tenant of a shop, the Rent Controller made an order under section 13 (6) of West Pakistan Urban Rent Restriction Ordinance on 4-4-1977 for deposit of the arrears of rent which was to be made up to 15-6-1977. The order was not complied with according to its terms and the arrears deposited on 10-8-1977. In the meanwhile an application for striking off the defence had been filed and the Rent Controller disbelieving the version of illness struck off the defence by an order, whose correct date could not be furnished by the counsel for the petitioner. The above order was challenged by an appeal before the Ist Additional District Judge, Karachi, which was dismissed in limine. The petitioner filed a second appeal before the High Court of Sind at Karachi which was allowed 17-2-1979 and the care remanded to the Additional District Judge with the following directions which were contained in paras. 6 and 7 of the judgment : (1) The case shall be decided within three months of the date of the receipt of the records after giving the parties an opportunity to produce evidence. (2) The petitioner shall produce evidence on the first date of hearing fixed before the appellate authority (except the Doctor…

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