Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(2), (i), 13(6) & 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground of default in payment of rent---Tentative rent order---Non-compliance of tentative rent order---Striking off defence of tenant in terms of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 19597-Appeal filed by the tenant against order of Rent Controller having been dismissed by the Appellate Court, the tenant had filed constitutional petition---Validity---Tenant was required to deposit arrears of rent for relevant period, and even if the advantage that commercialization fee had been paid by the tenant for discharging the liability of landlord, even then he was a defaulter to the extent of sufficient amount---Defence of the tenant was liable to be struck off---Besides, even after the order passed by the Rent Controller striking off his defence, during the pendency of appeal and even till date, the order had not been complied with---Case was not fit for exercising of constitutional jurisdiction---Petition was dismissed. ORDER MIAN SAQIB NISAR, J.--- The petitioner was a tenant of respondent No.1, who brought an ejectment application against the petitioner on the ground of default; the petitioner in defence took up the plea that he has discharged some liability of the respondent by paying Rs.5,88,630 as a commercialization fee in terms of clause 11 of the Rent Deed; considering even the above, the learned Rent Controller vide order dated 8-3-2008…

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