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(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & IS(4)-Concurrent findings of Courts below that there had been defaults in the deposit of arrears of rent under S. 13(6)-Question whether such findings of Courts below could be interfered with by High Court in second appeal under S. 15(4)---Special leave to appeal granted by Supreme Court to consider question. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & 15(4)-Concurrent findings of Courts below that tenant had defaulted in depositing arrears of rent under S. 13(6)­Concurrent findings arrived at, however, by ignoring material evidence and on basis of surmises and conjectures-High Court, in circum­stance, held, had jurisdiction to interfere with findings in second appeal under S. 15(4). Haji Matiur Rahman, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Appellant. Khalilur Rahman, Advocate Supreme Court instructed by S. Anwar Ali, Advocate-on-Record for Respondent. Date of hearing : 18th August 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-This is an appeal by special leave from the judgment and order of a learned Single Judge of the erstwhile High Court of West Pakistan, Karachi Bench, reversing the judgments of the Rent Controller, Karachi, and the Additional District Judge, Karachi, in a second appeal under section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959. Leave was granted in this case to consider whether the concurrent findings of the Courts below that there had been defaults in the deposit of arrears of rent by the respondent were open to interference in second appeal. The circumstances, which led to the second appeal may briefly be stated as follows The respondent was a tenant of bungalow, No. 10, McNiel Road, Karachi, which was on the 1st of April 1960, transferred to the appellant under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The appellant served on the respondent a statutory notice under section 30 of the said Act, but before the expiry of the period of three months prescribed under the said section, filed a suit for the recovery of possession of the…

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