Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- ----S. 13(6)---Constitution of Pakistan (1973), Art. 185(3)---Defence, striking off---Delayed application for striking off defence, whether waiver of default---Leave to appeal was granted by Supreme Court to consider, whether the landlord having failed to file any application for striking off defence of the tenants on account of alleged default in the payment of difference in arrears of rent .for more than three years, the Rent Controller had rightly refused to strike off defence of the tenants as the action on the part of landlord amounted to waiver of the default. Ghulam Muhammad v: Mst. Shameema Khatoon 1984 CLC 3440 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- ----S. 13(6)---Defence, striking off --Application for striking off defence--­Limitation---Delayed application for striking off defence---Not waiver of right---Failure to deposit difference in arrears of rent---Tenants deposited monthly rent according to the order of Rent Controller regularly but failed to deposit the difference in old rent rate and new rent rate---Three years after passing of tentative rent order, the landlord filed application for striking off defence of the tenants and the same was dismissed by-Rent Controller---Such order of Rent Controller was set aside by Lower Appellate Court and the defence of the tenants was struck off---Order passed by Lower Appellate Court was upheld by the High Court---Validity---No time limit was fixed for submitting application for striking off defence and the same might be struck off where the tenant failed in depositing the rent---Where the landlords had not filed the application for a period of more than three years, same would not constitute waiver---Judgments passed by the two Courts below were in accordance with law and in consonance to the principles laid clown by Supreme Court in the case Muhammad Saleh v. Muhammad Shafi 1982 SCMR 33---Judgment of High Court was not interfered by the Supreme Court. Muhammad Salph v. Muhammad Shafi 1982 SCMR 33 rel. JUDGMENT DEEDAR HUSSAIN SHAH, J. ---These two appeals by leave of this-Court calling in question the…

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