Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(2) [as added by Balochistan Rent Restriction (Amendment) Ordinance (VIII of 1985)]---Default in payment of rent---Deposit of due rent in Court's account by tenant before filing written statement---Rent Controller dismissed ejectment petition while condoning such default being first default---Landlord's plea was that such default was not first default committed by tenant as earlier ejectment petition on such ground had been disposed of in appeal by High Court on tenant's undertaking to pay rent regularly---Validity---In earlier proceedings, neither any findings had been given by Rent Controller or High Court regarding default nor tenant had been asked to pay outstanding rent alleged by landlord, rather tenant had been directed to pay rent from date of compromise reached at between parties---Landlord had not alleged in pleadings previous default on the part of tenant---High Court dismissed appeal in circumstances. PLD 1994 Quetta 38 ref. Syed Ayaz Zahoor for Appellant. Adnan Basharat for Respondents. Date of hearing: 21st July, 2004. JUDGMENT By this common judgment I intend to dispose of F. A. O. Nos. 15 and 16 of 2004 as identical question of facts and law are involved in both the appeals. 2. Briefly stated, facts ~f the case are that the appellant filed two separate eviction applications against the respondents on the ground of default in payment of rent. In Eviction Application No.27 of 2003 (the subject-matter of F.A.O. No.15 of 2004) the default was alleged w.e.f. October, 1998 to July, 2003 whereas in Eviction Application No.26 of 2003 (subject-matter of F.A.O. No.16 of 2003) the default was alleged for 19 months. On notice the respondent filed their respective written statements to the eviction application wherein they have admitted default and accepted the liability with further averment that the rent outstanding was deposited in the Court's account, as such; the default committed by them being a first default was condonable under section 13(2) of the Balochistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as Ordinance of 1959). The learned Rent Controller in the…

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