Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction. exercise of---Petitioner's conduct--­Relevancy---Constitutional jurisdiction based on equity and good conscience---If a party comes with unclean hands, it should not be granted any legal indulgence. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(6) & 15(5)---Tentative rent order----Non-compliance of tentative rent . -order---Striking off defence---Tenant who failed to comply with order of Rent Controller with regard to deposit of arrears of rent up to specified date and to tender future monthly rent of premises, had contended that he was ill and remained admitted in a private clinic when tentative rent order was passed--­Once it was found that order of Rent Controller requiring deposit of arrears of future rent was not complied with striking off defence of tenant was justified--­Mere fact that tenant was ill and remained admitted in a private clinic, would not absolve him of his liability to pay rent fixed by Rent Controller to be paid within specified period as anybody could have deposited rent on his behalf if he was ill. Pir Inayat Shah v. Agha Muhammad 1982 SCMR 1195; Syed Muhammad Zaman v. Abdul Khaliq 1991 SCMR 1982 and Muhammad Yousaf . v. Muhammad Bashir and others 1990 SCMR 557 ref. JUDGMENT The petitioner being a tenant under the respondent was directed to deposit monthly rent at the tentative rate of Rs.1,000 regarding the house in question vide order dated 12-9-1995 passed by the Rent Controller. It was directed in the order that the petitioner shall deposit he arrears of rent at the aforesaid rate from April, 1994 to September 1995 before the next date of hearing i.e., 2-10-1995 and shall continue to deposit future rent before 15th of each succeeding month. The petitioner did not comply with the order, whereupon a petition under section 13(6) of the Rent .Restriction Ordinance, 1959 was moved on 3-10-1995 by the landlady respondent, to strike off the defence of tenat/petitioner. A notice in this petition was issued for 1-10-1995. The petitioner/tenant took up the plea that actually 'monthly rent 1 was Rs.300 and according to the…

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