Law:

Section:

Constitution of Pakistan (1973)--Arts. 185(3) & 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. .13(6)--Ejectment--Non-compliance with order to deposit arrears of rent/future rent--Validity of order challenged in Constitutional petition--Plea that arrears included rent beyond three years prior to institution of ejectment application, repelled by High Court because of having been raised for first time in writ jurisdiction, after lapse of 17 years--Contention raised that question of validity of deposit order even if not raised earlier, could be raised for first time in writ jurisdiction--No absolute rule available that a ground not taken before Tribunal could not be raised for first time in writ jurisdiction, nor that a party was entitled as of right to do so, Court had discretion in matter depending on circumstances in each case--Objection not having been raised earlier despite being available and future rent too not having been paid, High Court was held justified in refusing to permit petitioners to raise ground for first time at so belated a stage--Leave to appeal refused. Ghulam Mohi-ud-Din v. Chief Settlement Commissioner P L D 1964 S C 829; Karam Din v. Settlement and Rehabilitation Commissioner P L D 1970 Lah. 766; Chittaranjan Cotton Mills Ltd. v. Staff Union PLD 1971 S C 197; Sind Road Transport Corporation v. Adil Hussain PLD 1975 Kar. 1056; Ali Muhammad v. Hussain Bakhsh P L D 1976 S C 37; Abdul Sattar v. Additional District Judge, Rawalpindi 1984 SCMR 925; Ashfaq-ur-Rehman Khan v. Muhammad Afzal P L D 1965 Lah. 59 and P L D 1968 S C 230 ref. ORDER M.S.H. QURAISHI, J.--In an ejectment proceeding instituted in 1966 by the respondents/landlords, the Controller, after deciding the preliminary issues in favour of the respondents, passed an order under section 13(6) of the West Pakistan .Urban Rent Restriction Ordinance (VI of 1959), on 29-6-1967, directing the petitioners/ tenants to deposit arrears of rent amounting to Rs.1,583.33 by 29-7-1967 and future rents at the rate of Rs.15 p.m. before the 15th of each succeeding month. The title of the landlords, however, came under cloud but was finally settled in their favour by this…

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