Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(6)--Order for deposit pf rent--Non-compliance--Effect--Failure of tenant to comply with order of Rent Controller to deposit rent according to its terms established--Decision striking off defence of petitioner-tenant, held, could not legitimately be objected to. ORDER NASIM HASAN SHAH, J.-- In an ejectment petition, filed against the petitioners, an order was passed on 16-12-1978 under section 13(6) of the Rent Restriction Ordinance for payment of arrears of rent for 36 months upto December, 1978 at the rate of Rs.30 per month amounting to Rs.1,080 before 10-1-1979. Future rent was also directed to be deposited for each subsequent month before the 15th day of each month. Since it was asserted by the petitioners that they had been depositing rent for the above period in the Court, it was directed that the petitioners may subtract the amount deposited in the Bank against receipts thereon from this sum of Rs.1,080. It appears that the petitioners did not deposit any amount in the Court of the Rent Controller. The respondents, therefore, filed an application for striking off the defence of the petitioners. An issue was framed whether the petitioners had made a default in payment of the rent in violation of the order dated 6-12-1978 and it transpired that the petitioners had earlier deposited Rs.990 in the Bank. It was held that they were entitled to subtract this amount from the figure of Rs.1,080 and were bound to deposit only the balance amount of Rs.90 in Court. The failure to deposit this amount in Court before the stipulated date was regarded by the Rent Controller to be a violation of his; order passed under section 13 (6) of the Ordinance. The Rent Controller, accordingly, struck off the defence of the petitioner. The same view was taken by the learned District Judge in appeal. The petitioners, therefore, filed a writ petition in the Lahore High Court where they took up the plea that they having spent Rs.90 on repairs were not{­defaulters. Hence, their defence could not be struck off. The learned' Judge held that the order under section 13 (6) whereby the amount to be paid was fixed…

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