Law:

Section:

Constitution of Pakistan (1973)----Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Ejectment on ground of default in depositing rent-Question of ownership or title of suit shop raised by petitioner tenant finally decided in favour of landlord-Petitioner-tenant failing to deposit rent as ordered by Rent Controller-Petition for leave to appeal found to be without any merit and dismissed. Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing:10th June, 1984. ORDER MIAN BURHANUDDIN KHAN, J.-Respondent No. 1 instituted an ejectment petition in the Court of the Rent Controller, Attock against the petitioner for his eviction from shop No. B-III-58 situate in Civil Bazar, Attock on the grounds of default in the payment of rent and subletting a portion of the said shop. The application was resisted by the petitioner on various grounds challenging also the title of respondent No. 1 and it was averred in the reply that the P. T. O. on the basis of which transfer of the said shop was claimed by respondent No. 1, had not been issued in his favour. By order, dated 29-1-1970 the learned Rent Controller found that the P. T. O. was issued in favour of respondent No. 1 and that be had also served then petitioner with a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958; and that the relationship of landlord and tenant existed between the parties. After so holding the learned Rent Controller, vide his separate order of the same date, ordered the petitioner to deposit the arrears of rent at Rs. 16.50 per mensem before 15-4-1970. The rent was, however, not deposited as ordered by the Court on the ground that a civil suit was pending regarding the ownership of the suit shop. The matter was taken up before the High Court and finally before this Court resulting in dismissal of the appeal as well as C. P. L. A No. 218/R/ 1981 on 29-5-1982. After the said order of this Court the matter was taken up before the Rent Controller for further proceedings who, per order dated 4-2-1984, ordered the ejectment of the petitioner from the suit shop. Appeal preferred against the said…

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