Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13 [as amended by Punjab Urban Rent Restriction (Amendment) Ordinance (XIX of 1990)]---Constitution of Pakistan (1973), Art. 185(3)--­Default in payment of due rent---Landlord's plea was that on account of amendment of S. 13 of the Ordinance, rent of the period in question stood automatically enhanced by 25 per cent. with effect from specified date---Tenant, however, had been depositing rent at the old rate with Rent Controller---Rent Controller ordered ejectment of tenant on ground of default to payment of rent--­Order of Rent Controller was maintained up to the High Court ---Validity--­Tenant's plea was that landlord was required to have proved on basis of reliable evidence that tenant had committed default; that no evidence was brought on record to demonstrate that tenant failed to deposit rent intentionally; that the rule "ignorance of law is no excuse" would not be attracted inasmuch as it was landlord who would ask his tenant to pay rent at the increased rent from specified date, which had not, been done---Contentions raised by tenant being of first impression, needed consideration---Leave to appeal was granted. ORDER RAJA AFRASIAB KHAN, J.---Haji Abdus Salam Bhatti, the respondent/landlord moved an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 against Haji Muhammad Ibrahim for his ejectment from Shops, Nos.7 and 8 situate in Mohallah Shahpura, Uggoki Road, Sialkot on ground of default in payment of due rent. It was stated that on account of promulgation of Punjab Urban Rent Restriction (Amendment) Ordinance 1990, the rent of the period to question stood automatically enhanced by 25% w.e.f. 1st of July, 1990. The petitioners, however, had been depositing the rent at the old rate of Rs.505 per month with the Rent Controller The petitioner resisted the application stating that he was not guilty of wilful default. In support of his case, the respondent produced Sh.…

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