Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6)

(a) Constitution of Pakistan (1973)--Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI o1 1959), S. 13(6)--Default--Leave to appeal granted on ground whether tenant, by mistake in interpreting Rent Controller's order, deposited rent not before but on 15th day of month, and therefore, in such a case it was a bona fide mistake on part of tenant and as such he could not be held to have made a default. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13(6)--Words "before 15th" means as "exclusive of the last day of fifteenth of the month".--[Words and phrases]. Muhammad Jan v. Khadim Hussain 1973 S C M R 243; Muhammad Hussain v. Mian Mahmood Ahmad and 3 others P L D 1970 Lah. 140 and Fatima Bai v. Fatima Begum P L D 1977 Kar. 1007 approved. Sarfaraz .Khan v. Muhammad Abdul Rauf P L D 1969 Kar. 176; Fazal Haque v. Abdul Latif Akhund P L D 1975 Kar. 681 and Ghulam Muhammad Khan Lundkhor v. Safdar Ali P L D 1967 S C 530 ref JUDGMENT MIAN BURHANDUDDIN KHAN, J.-- Leave was granted by this Court vide order, dated 2-4-1979 on the ground whether the appellant, by mistake, interpreting the Controller's order, deposited the rent not before but on the 15th day of the month, and, therefore, in such case it was a bona fide mistake on the part of the tenant and as such he could not be held to have made a default. 2. Facts of the case are that the respondent /landlord filed an ejectment application, in the Court of the learned Rent Controller in respect of his house situate in Begum Street No. 39, Ahata Bibi Chah Miran, Misri Shah, Lahore on the ground that the appellant is a defaulter; that the property in dispute is required by the respondent /landlord for his bona fide personal use and occupation and that the appellant/ tenant has caused damage to the property in dispute. The appellant/ tenant resisted the ejectment application which was fixed for evidence of the respondent/landlord. The learned Rent Controller directed the appellant/ tenant to produce the bank challan for the deposit of future rent as ordered by him. It was found that the appellant had committed default .in the payment of rent for the month of October, 1977 by not…

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