Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(2)(i)---Default in payment of rent---Tenant on very first date of hearing of case admitted his liability to pay rent---Rent Controller directed tenant to deposit rent and that having been done by tenant, Rent Controller rejected ejectment petition---Validity---Provisions of S.13(2)(i) of West Pakistan Urban Rent Restriction Ordinance, 1959 were calculated to stifle litigation and to summarily dispose of controversies pertaining to delayed or defaulted payments of rent and to provide reprieve to otherwise able and willing tenants having clean past as to payments of rent---If ejectment petition was brought on ground of default in payment of rent, it was obligatory for landlord to expressly and specifically plead a previous default of tenant, if any, so that tenant could not wriggle out behind shelter of statutory provisions of S.13(2)(i) of West Pakistan Urban Rent Restriction Ordinance, 1959---If tenant admitted and offered to make amends, landlord was obliged forthwith to plead previous default on part of tenant, if such had not already been pleaded---In either of situations, it would be incumbent on Rent Controller to identify earlier default in payment of rent so pleaded and if coming to a positive conclusion, should decline statutory reprieve to tenant---Tenant who had admitted in writing factum of his default together with a willingness to make amends, had complied with direction of Rent Controller to deposit rent, but landlord remained unmoved even at time when after deposits had been made by tenant and Rent Controller proceeded to upturn ejectment petition---Landlord who failed to agitate his rights, his ejectment petition was rightly dismissed. ORDER WAJIHUDDIN AHMED, J.--Each of these petitions assails the concurrent findings of the High Court and the Controller, Quetta, whereby eviction applications brought by the petitioners-landlords were dismissed. The above were proceedings pertaining to two different tenements, either of which was filed against the tenant concerned on the exclusive ground of default. In each case the tenant, upon appearance, obtained adjournment and on the…

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