Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(6) read with Constitution of Pakistan (1973), Art. 185(3)­Leave to appeal-Action against default in payment of rent as ordered by Rent Controller commencing during lifetime of original tenant, contention as to default having been committed by original tenant his successors could not be penalised not correct-Application for striking off defence though not pressed by landlords respondents yet landlords also clarifying to have desisted from pursuing same only for time being, no waiver of their right to obtain ejectment on ground of default held, could be spelt out-Complaint regarding default having been pressed again and established, Rent Controller, held, could legitimately strike off defence of successors of original tenant. Sh. Muhammad Nawaz v. Muhammad Azeem and others P L D 1961 Lah. 788 ref. ORDER NASIM HASAN SHAH, J.-The father of the petitioners was the original tenant of Shop No. 51 Mecleod Road, Lahore, belonging to the respondents. An ejectment petition was filed against the tenant (Manzoor Ahmad) on 30-9-1969 and on I1-5-1970 an order was passed under subsection (6) of sec­tion 139 for payment of future rent at the rate of Rs. 50 per month before the 15th of each month. The proceedings thereafter continued and evidence on merits was examined. During the proceedings, on 24-5-1972, the respondents submitted an application for striking off the defence of the predecessor-in­interest on the ground of non-deposit of rent in terms of the order passed under section 13(6), inter alia, the non-deposit of the rent for the month of August 1971 in time namely, it was deposited only on 16-9-1971. Notice was issued in this application to Manzoor Ahmad, father of the petitioners, but this application does not appear to have been pursued by the respondents. In the meantime, on 18-7-1972, Manzoor Ahmad also died. After his death, the respondents, in fact, made a statement that they would not like to pursue the application for the time being. However, on 23-4-1974, they again submitted another application complaining of the default in the payment of rent for the month of August viz. it was not paid…

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