2005 CLC 861 LAHORE-HIGH-COURT-LAHORE

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ZAKIR ULLAH VS Mrs. SAROSH YAQOOB 1981 SCMR 276, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13(6)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Striking off defence---Non-compliance of tentative rent order---Rent Controller passed tentative rent order and directed the tenant to deposit arrears of rent as well as future rent by 15th of every month---Tenant failed to deposit the future rent in accordance with the direction of Rent Controller---Defence of the tenant was struck off and eviction order was passed---Tenant in appeal relied upon an agreement whereby she claimed to have paid the rent---Lower Appellate Court passed ex parte order and remanded the matter to Rent Controller for decision afresh---Validity---Original order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, consisted of two parts, one with reference to deposit of the arrears of the rent and the second part was with reference to future rent which was to be deposited before 15th of each successive month---Tenant did not deposit the future rent in compliance of the order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959---Tenant also did not disclose before the Appellate Court that the future rent was in fact deposited---Tenant failed to explain the non-compliance of the order to the extent of future rent---Present was a case of violation of the order under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959; in the event of such violation, the defence of the tenant was to be struck off and ejectment order had to follow---Order of remand passed by the Appellate Court was set aside and that of the Rent Controller was restored---Petition was allowed in circumstances.