Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- Ss. 13(6) & 15-Condonation of delay in depositing rent-Discretion available to Rent Controller in matter of striking off defence of tenant-Not, in any way, different from discretion vesting in any other authority or Court-Order of Rent Controller condoning delay in deposit of rent and refusing to strike off defence of tenant-Held, can be interfered with by appellate authority. Amir Ali v. Mrs. Alima Ahmad P L D 1981 Kar. 150 and Muhammad Yousaf v. Abdul Latif and 2 others 1982 C L C 398 distinguished. (b) Provisional Constitution Order (1 of 1981)- Art. 9 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 (6) & 15--Delay in deposit of rent-Tenant failing to establish his inability to deposit rent in time due to reasons beyond his control-Finding of District Judge that tenant's ejectment could be ordered by striking off his defence due to his failure to deposit rent in compliance with Controller's order--Held, cannot be taken excep­tion to, in circumstances of case. ORDER. The petitioner, Muhammad Younis Malik, is occupying a portion of a building on the Link McLeod Road, Lahore. Respondent No. 2, Mst. Hameeda Aziz Khan, hereinafter referred to as the respondent, is the owner of that building. She made an application for ejectment of the petitioner, but the same was dismissed by a Rent Controller of Lahore. She, therefore, preferred an appeal before the District Judge, Lahore. The appeal was accepted and the petitioner was directed to vacate the disputed premises. Being dissatisfied with the order of the learned appellate authority, he has filed this constitutional petition. 2. The learned District Judge ordered eviction of the petitioner on the ground that the petitioner had not deposited rent in compliance with the order of the learned Rent Controller, under the first part of subsection (6) of section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, herein­after referred to as the Ordinance, that the premises in question were needed by the respondent for herself and her three sons for doing business and that the petitioner had not made timely payment…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492