TORAB KHAN vs TAHIR KHAN S — 2022 YLR 2110 QUETTA-HIGH-COURT-BALOCHISTAN

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TORAB KHAN VS TAHIR KHAN S. 13(6)---Non-deposit of tentative monthly rent on fixed day -Striking off defence---Respondent/land lord filed eviction application against appellant/ tenant before Trial Court---Trial Court directed appellant to deposit tentative monthly rent---Appellant failed to deposit rent for some months on the day fixed by trial court---Respondent submitted an application to strike off the defence of appellant---Trial Court struck off the defence of appellant and directed appellant to vacate the shop and deliver its possession to respondents---Held, that Trial Court in the presence of both the parties passed the order for payment of monthly rent, by which appellant was directed to deposit the monthly rent at the rate of Rs. 10000/- per month before 5th day of each month---Record further transpired that the order under S.13(6) of Balochistan Urban Rent Restriction Ordinance, 1959 was not complied with, as such, Trial Court vide order struck off the defense of appellant/tenant and directed him to vacate the rented premises and hand over the vacant possession to respondent/applicant---Appellant placed on record receipts regarding deposit of rent which contained the details of rent deposited by him, which showed that in the month of April 2021, he deposited the rent amount of Rs.8000/ on 12th April instead of Rs.10000/-and deposited an amount of Rs.20000/- for the months of May and June 2021 on 15th June 2021,meaning thereby that appellant did not deposit the monthly rent of May 2021 within time---Further appellant deposited the rent amount of July 2021 on 15th July 2021, and for the month of August 2021, appellant deposited the rent on 26th August, 2021 and lastly for the month of September 2021, the amount of rent was deposited on 15th September, 2021---Appellant was not complying with the order passed by Trial Court---Plain, unambiguous and clear wording of S.13(6) Balochistan Urban Rent Restriction Ordinance, 1959 was open only to one interpretation that whenever the tenant was directed to pay the monthly rent before the 15th day of each month, the tenant must comply with the directions---Penal clause of S.13(6) of Balochistan Urban Rent Restriction Ordinance, 1959 had also been provided by the Legislature that in case of default ,not only his defence should be struck off, but possession of the rented premises should be ordered to be taken from him---Provisions of S.13(6) of Balochistan Urban Rent Restriction Ordinance, 1959, ibid were mandatory in nature ---Once the Rent Controller directed the appellant to deposit tentative rent before the 15th of every month, then it was mandatory upon the appellant to deposit the said rent as per the direction of Rent Controller--Appellant had brought himself within the mischief of subsection (6) of S.13 of Balochistan Urban Rent Restriction Ordinance, 1959---Appeal was dismissed.

TORAB KHAN vs TAHIR KHAN S — 2022 YLR 2110 QUETTA-HIGH-COURT-BALOCHISTAN

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