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Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S.13 (6)-Non-compliance with order under S. 13 (6) of Ordinance established-Defence, held, rightly struck off. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-This appeal by special leave, calls in question the judgment and order passed by a learned Single Judge of the Sind High Court, dated 21-4-1981, affirming the order of ejectment passed against the appellants and dismissing their second appeal. By order, dated 31-5-1981, this Court granted special leave to appeal, in order to examine the appellant's contention "that before striking off his defence he should have been given a proper notice of the allegation of default that he had to meet". The appellants are tenants of the respondents, in Shop No. 48, situate in Dada Bhai Chamber, M. A. Jinnah, Road, Karachi, at a monthly rental of Rs. 268.98. The respondents filed ejectment proceedings against the appellants, on the grounds of default in the payment of rent and damage caused to the premises. It is, however pertinent to mention, that long before the commencement of the ejectment proceeding the Appellant had moved the Rent Controller in September, 1970, vide Rent Case No. 1767 of 1970 and ob­tained an order dated 4-4-1970, for deposit of rent in Court before 5th of each calendar month. Accordingly the appellants kept on depositing rent in Court even before the commencement of proceedings for ejectment against them. On 21-8-1971, the learned Rent Controller passed tentative rent order, directing the appellants to deposit the rent for the month of August, 1971 in Court before 15th of September, 1971 and continue to deposit future monthly rent before 15th of each calendar month. The fact that the appellants had been depositing rent already in Rent Case. No. 1767 of 1970 was duly noticed and accounted for in his order and it was expressly directed that deposit already made in those proceedings be treated as deposit of rent in the ejectment case. On 1-7-1976, the respondents filed application under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, alleging "wilful non-compliance with the order of deposit" on the part of the appellants, as no…

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