Law:

Section:

Constitution of Pakistan (1973)- Art. 185(3) read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6) Ejectment on ground of default in depositing rent Failure of tenant in depositing rent sought to be condoned on ground of illness Tenant's disease not of incapacitating type to make failure to deposit rent absolutely inevitable/unavoidable and beyond his control Judgment of, High Court, on appeal of landlord, ordering ejectment of tenant for non deposit of rent Held, unexceptionable in circumstances of case. Ghulam Muhammad Khan Lundkhor v. Safdar Ali P L D 1967 S C 530 ref. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from judgment dated 12 4 1981 of the Sind High Court whereby the respondent/ landlords second appeal arising out of order of eviction of his tenant, Irshad Hussain, was allowed. On respondent's application for eviction of Irshad Hussain, the predecessor in interest of the petitioners, he was directed under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, to deposit arrears and monthly rent. Admittedly he committed default in this behalf and made an application for condonation thereof on ground of illness. It is not necessary to go into details of all the proceedings. Ultimately, however, on remand, the learned Rent Controller held that Irshad Hussain's illness was not of such incapacitating type that he was absolutely incapable of arranging the deposit in time. Accordingly, the tenant's…

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