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

Section: 13(6),13A,14

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss. 13(6), 13-A & 14--Transfer of ownership--Ejectment sought by new landlord on grounds of default in payment of rent by tenant--Tenant not denying: (i) that he had received notice and copy of ejectment application through registered post; (ii) that he became aware of sale of premises by old landlord and purchase by new landlord in 1978; that issue regarding relationship of landlord and tenant on basis of sale-deed was decided by Rent Controller in favour of new landlord in 1979--Held, failure of tenant to offer rent to new landlord even after October, 1979 was without any justification--Mere fact that application for his ejectment was pending or that an order under S. 13(6) had not yet been passed would not absolve tenant of his duty to pay/offer rent to landlord each month in time--Contention that tenant was permitted to withhold payment of rent till order was passed under S. 13(6) by Rent Controller was neither supported by statute nor any principle-­Tenant after having admitted that he had received a copy of ejectment application in 1978 wherein factum of sale in favour of respondent had clearly been mentioned was not entitled to any other formal notice under S. 13-A--Receipt of copy of ejectment application and knowledge gained thereby would constitute due notice and same will have to be treated as substantial compliance of S. 13-A--Mere fact that after about a year tenant made deposit of rent under compulsion of an order of deposit made by High Court, would not make any difference--Bar of res judicata or otherwise contained in S.14 would not operate in so far as ejectment in pursuance of second application was concerned--Although said application related also to same period of few months which was subject-matter of first application, yet additional period from October, 1979 up to filing of second application in December, 1980 furnished an independent cause of action--Second application for this second period would in any case be not barred--Exercise of discretion by Rent Controller against tenant was neither against any law nor principle, in circumstances and could not, therefore, be…

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