Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13(6)---Non-compliance of order of Rent Controller for deposit of future monthly rent---Striking off tenant's defence---Essentials---Rent for the current month would become due on its last day and could be validly deposited before 15th of succeeding month and not before 15th of the same month---Mere non­compliance of the order of Rent Controller would not necessarily call for striking off defence unless tenant was proved to have acted negligently in not depositing rent before due date. Ata Hussain v. Muhammad Taqi Shah PLD 1963 (W.P.) BJ 53; Syed Masood Hussain and others v. Muhammad Saeed Khan and others PLD 1965 (W.P.) Lah. 11; Muhammad Amin v. Mst. Nasim Begum and 2 others 1984 CLC 1745; Ch. Muhammad Siddique v. Muhammad Rashid 1982 SCMR 636 and Ghulam Muhammad Khan Lundkhor v. Safdar Ali PLD 1967 SC 530 rel. Abdul Qayyum v. Muhammad Ishaq PLD 1967 Lah. 1025 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959).- ----S. 13(6)---Rent for the month of August was deposited by tenant on the 2nd of September ---Tenant's defence was struck off on the ground that he had failed to comply with the order of Rent Controller for depositing rent---Rent for the month of August could be validly deposited before the 15th of September whereas tenant had deposited same much earlier on the 2nd September---Tenant having complied with the order of the Rent Controller no justification existed to strike off his defence and summarily eject him from the premises in question---Impugned order of Rent Controller as also of Appellate Authority for ejectment of tenant on ground of non-compliance of Rent Controller's order was thus not warranted by law and was of no legal effect---Case was remanded to Rent Controller for further proceeding in the matter in accordance with law. Haji Abdul Sattar v. Additional District Judge, Rawalpindi and others 1984 SCMR 925; Malik Rehmatullah and another v. Mian Muhammad Shafi and another 1986 SCMR 496; Nazar Muhammad and another v. Abdul Ghafoor and 3 others PLD 1987 Quetta 141; Abdul Ghani v. Shoodar Khan PLD 1964 Lah. 612; Chittaranjan Cotton Mills Ltd. v. Staff…

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