Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 13(6)-Tentative rent order-Controller for purpose of passing order under subsection (6) of S. 13 of Ordinance-Not required to determine quantum or rate of rent finally if same in dispute but required to determine such amount "approximately"-Consequence of non- compliance of order under S. 13(6) : Summary disposal of case without taking any further proceedings ipso facto on basis of such non-compliance by striking off defence and passing order of eviction. Ikramuddin v. Syed Mahboob Ali P L D 1978 Kar. 145 ; Ghulam Muhammad Khan Lundkhor v. Safdar Ali P L D 1967 S C 530 ; Rustam G. Irani v. Javed Qureshi 1975 S C M R 200 and Mushtaq Hussain v. Muhammad Shafi 1979 S C M R 496 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-This is an appeal by special leave arising out of the judgment of the High Court of Sind, dated 22-3-198 1, by which Second Appeal filed by the respondent was allowed', setting aside the order of ejectment passed against him and remanding the case for a fresh decision. By the leave granting order, dated 22-9-1980, the following question was considered to require examination; "Therefore, the High Court fell into an error in holding as it did that in the absence of receipts to show the payment of rent before July, 1975, the Rent Controller could not accept the plea of the petitioners as to the arrears of rent due from the respondent ; and further that the omission to produce receipts should be held against him." The facts of this case are that the appellants are the owners of residential premises bearing No. 122/123 Osmania Colony, Nazimabad Karachi. The premises were let out to the respondent admittedly at a monthly rent of Rs. 350. Since, according to the appellants the respondent failed to pay rent eversince the inception of the tenancy, ejectment proceedings were filed against him on 10-9-1975, when at the aforesaid rate of rent a sum of Rs. 11,20 had accumulated as arrears,. Respondent resisted the proceedings and inter alia, averred that he had regularly paid the rent to the landlords until July, 1975, but no receipts were issued to him and since that month the rent at the agreed rate of…

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