Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S. 13(6)---Striking off defence ---Ejectment application on ground of default---Rent Controller passed tentative rent order under S.13(6) directing tenant to deposit arrears of rent for 10 months and future monthly rent before 14th of every, month having failed to deposit arrears of rent for 3 months, his defence was struck off for non-compliance of tentative rent order with regard to arrears of rent---Tentative rent order passed by Rent Controller consisted of two parts; first part pertained to arrears of rent and the other to future monthly rent---Both parts of the order of Rent Controller could be read independently and violation of either of two portions would result in striking off defence in circumstances. Khair Muhammad Nizamani v. Abdul Oaddus PLD 1965 (W.P.) Kar. 367; Salahuddin Butt v. Muhammad Tariq PLD 1981 Lah. 132; Fazal Din v. Dawoodur Rehman 1983 CLC 470 and Kewalram Dayaram Shahani v. Nawab Ali PLD 1978 Kar. 79 ref. JUDGMENT The facts relevant for the decision of this Constitutional petition are that respondent No.l filed an ejectment petition against the petitioner in respect of Flat No.471-N, Model Town Extension, Lahore. It was pleaded that the flat had been let out to the petitioner at monthly rent of Rs.1,5W since March, 1991. The ejectment was sought on the ground of default in the payment of monthly rent and personal use. The petitioner resisted the application. The relationship of landlord and tenant as well as the rate of rent were admitted, therefore, respondent No.2 proceeded to pass the order dated 4-12-1993 under section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959 (hereinafter to be referred as Ordinance, 1959) whereby he directed the petitioner to deposit the arrears of rent from March, 1993 to December, 1993 and future monthly rent before the 14th of every month from January, 1994. The ejectment petition was adjourned to 18-12-1993 for production of receipts as to the deposit of rent. The petitioner failed to produce the receipts and proceeded to make an application for adjournment. The ejectment petition was accordingly adjourned to 2-1-1994 on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492