Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13(6)---Order of Rent Controller to tenant to deposit rent under S.13(6), West Pakistan Urban Rent Restriction Ordinance, 1959---Requirements--­Default in compliance with such order or part thereof results in striking off defence. The following are requirements of valid order under subsection (6) of section 13 of West Pakistan Urban Rent Restriction Ordinance, 1959:-- (1) The order should be passed on the first date of hearing or as soon as possible but before the issues are framed; (2) The rate of rent should be. ascertained and in case of dispute the amount should be determined approximately; (3) The tenant should be directed to deposit arrears of rent and if there is any dispute about the amount of rent due, the same shall be approximately determined; (4) The tenant should be directed to deposit future monthly rent before the 15th of each month if the rent is payable in advance in accordance with written agreement between the parties and in other cases before the 15th of each succeeding month. While ascertaining the rate of rent, the amount due and the period of default:-- (a) The Rent Controller should direct the parties to produce all documents relevant to the controversy; (b) They should be directed to admit or deny these documents; and (c) Record better statements of the parties These steps would facilitate passing -of a just and proper order under section 13(6) of Ordinance, 1959. It should be kept in mind that default in compliance with the direction or part thereof results in striking off defence. Therefore, the order should be absolutely clear and strictly in accordance with the provisions of Ordinance, 1959 otherwise the defence would be liable to be struck off. Ali Jan v: Shujauddin PLD 1985~Kar. 698 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(6)---Order of Rent Controller to deposit rent by tenant---Where in the order of Rent Controller for depositing rent the date fixed was up to or before 10th of each month while the statute had provided for direction to the tenant to deposit the monthly rent before the 15th of each month, violation of…

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