Law: West Pakistan Urban Rent Restriction Ordinance, 1956

Section: 13(6),13(8)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 (6) & 8 Order for deposit of rent Interlocutory in nature Terminates and becomes ineffective with decision of main application under S. 13 by Controller Order cannot be invoked during appellate proceedings to strike off tenant's defence Appellate authorities competent, however, to make fresh order for deposit of rent Such order of deposit by appellate authority may be made on date when appeal admitted to regular hearing or as soon thereafter as possible but before final hearing of appeal. Where the question was whether an order for deposit of rent under section 13 (6) of the West Pakistan Urban Rent Restriction Ordinance, 1959 continues to survive the decision of main appli cation itself by the Controller so that such an order remains alive and in effect even during appeal proceedings: Held, the only reasonable construction of the provisions of section 13 of the Ordinance is that the order for deposit of rent does not survive the conclusion of the eviction proceedings before the Controller and that such an order either exhausts itself when the main proceedings conclude before the Controller or becomes merged in the order by which rent is finally determined and direction is made for payment of this rent by the tenant to the landlord, either under the second part of section 13 (6) or under subsection (8). The order for deposit of rent under section 13(6) of the Ordinance does not survive the conclusion of the proceedings before the Controller whether these proceedings terminate by the tenant's defence being struck off, or by order of eviction, or by dismissal of the landlord's application for eviction of the tenant. The order for deposit of rent, being in the nature of an interlocutory order, exhausts itself with the conclusion of these proceedings or becomes merged in the order which contains the final determination of rent and direction for its payment to the landlord, which order is made either under part 2 of section 13 (6) or under subsection (8). Thus, the order for deposit of rent made by the Controller cannot be invoked during the appellate proceedings under the Ordinance to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492