2005 YLR 2328 LAHORE-HIGH-COURT-LAHORE

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Mst. MUMTAZ BEGUM VS MAQSOOD AHMAD 1991 SCMR 429, 2000 SCMR 226, PLD 1980 SC 9, PLD 1993 Lah. 121, PLD 2003 SC 477, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13(2)(i)(iii), 13(3), 13(6) & 15(6)---Ejectment proceedings---Non-compliance of tentative rent order---Striking off defence of tenant---Rent Controller, in exercise of powers under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, directed tenant to deposit arrears of rent and future monthly rent---Tenant instead of depositing rent in the name of landlord, deposited the same in his own name ---Said deposit of rent was not in accordance with direction of Rent Controller as tenant was not directed by Rent Controller to deposit arrears of rent and future monthly rent in his own name and it could not be termed and considered as compliance with rent deposit order, passed under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959---If rent due had not been deposited in favour of landlord and same had been deposited either in the name of depositor himself or in the name of a wrong person, that would not amount to tender/deposit rent in favour of landlord and could not be taken as sufficient compliance of rent deposit order and such defaulting tenant was liable to be evicted---Tenant by depositing rent in his own name having not complied with direction of Rent Controller, his act was deliberate and contumacious and he had committed default entailing penalty of eviction---Both Rent Controller and Appellate Authority below did not commit any legal error in passing impugned order of striking off defence of tenant and said concurrent order did not suffer from any legal infirmity---Such concurrent order could not be upset in second appeal.