Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(6)---Default In payment of rent-Striking off defence---Tenant defaulted in payment of rent wilfully and due to negligence---Rent Controller had rightly struck off the defence and decided the case on merits. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(6)---Constitution of Pakistan (1973), Art. 185(3)---Wilful default in payment of rent---Rent Controller struck off defence of the tenant and ordered him to hand over the vacant possession of premises to landlord--­High Court found that there was no good cause or reasonable explanation for delay/negligence in payment of rent by the tenant and dismissed the appeal--­Validity---High Court having rightly concluded that defence of the tenant was rightly struck off by the Court below, no valid ground existed for interference in the order of High Court---Leave to appeal was refused accordingly. Sheikh Anwar-ul-Haq, Advocate Supreme Court instructed by M.A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 6th December, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 23-4-1999, passed by. a learned Single Judge of the Lahore High Court, Lahore in F.A.O. No.227 of 1997, in a rent matter. 2. Brief facts are that respondent No. l herein rented out her House No.238/3, Block N, Defence Housing Society, Lahore to the petitioner on 1-2-1989, initially for a monthly rent of Rs.6,000 which through periodical increases came to be settled at Rs.7,500. On 29-11-1994, she filed an ejectment application against the petitioner on ground of personal need and withholding of rent for the months of October and November, 1994. 3. Petitioner contested the application by controverting the allegation levelled therein, stating that the respondent resided with her husband in Saudi Arabia and that she refused to accept the rent for the months of October/November, 1994, remitted through Money Order and Bank Draft with mala fide intention only to get the rent increased. 4. The learned Additional Rent Controller vide order dated 22-3-1995, directed the…

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