Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 read with S. 13(6)-Interlocutory order for deposit of rent-Respondent not compelled by law to appeal from every interlocutory order-Tenant, held, can challenge an order for deposit of rent in an appeal from order of eviction. Maharaja Maheshur Sing v. The Bengal Government 7 M I A 283; Alexander John Forbes v. Ameeroonissa Begum 10 M I A 340; Shah Mukhun Lall and others v. Baboo Sree Kishun Singh and others 12 M I A 157 ; Jiando Khan v. Mohammad Ishaq P L D 1964 Kar. 61 and Abdul Hamid and others v. Hafiz Abdullah P L D 1969 Kar. 82 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 read with S. 13-Ejectment for default in payment of rent-Tenant, held, not shut out from proving on evidence on record that he is not a defaulter. Hamid-ud-Din, Advocate Supreme Court instructed by Abdul Karim, Advocate- on-Record for Appellant. Khawaja Muhammad Tufail, Advocate Supreme Court instructed by Maqbul Ahmad Qadri, Advocate-on-Record for Respondent. Date of hearing: 12th March 1971. JUDGMENT SALAHUDDIN AHMED, J.--This appeal by special leave is from an order of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, allowing the respondent's second appeal and remanding the case to the Rent Controller to pass a fresh order for the deposit of rent in accordance with law. The respondent is a tenant under the appellant in respect of a shop. On 8-9-1966, the appellant applied before the Rent Controller for ejectment of the respondent under section 13 of West Pakistan Urban Rent Restriction Ordinance (VI of 1959), on the ground that the latter had defaulted to pay rent for the period from 17-1-1966 to 16-8-1966. On 18-3-1967, the Rent Controller without determining the approximate amount of rents due, as was required under section 13(6) of the said Ordinance in the case of any dispute about the amount of rent due, ordered the respondent to deposit arrears of rent for the period 17-1-1966 to 28-2-1967, by 15th April 1967, and further that he shall continue to deposit future rent before the 15th of each succeeding month. The Rent Controller also directed that the…

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