2003 SCMR 1580 SUPREME-COURT

Full text

KHADIM HUSSAIN VS NASIR AHMAD Sindh Rented Premises Ordinance 1979--13 , ----S.13(6)---Failure of tenant to comply with the order of the Rent Controller under S.13(6), West Pakistan Urban Rent Restriction Ordinance, 1959 to deposit the monthly rent by the due date--¬Consequences---Once the default in the compliance of order of Rent Controller under S.13(6) of the Ordinance was established, the penal consequences in the shape of striking off defence of the tenant and putting landlord in possession of the property were to follow without taking any further proceedings---Exception to such consequences would be, available where a non-compliance of the order of the Rent Controller was made for reasons beyond the control .of a tenant or for other sufficient cause, justifying that the time for such a deposit of rent might be excluded by the Rent Controller---Rent Controller, for the purpose of passing the order under S.13(6) of the Ordinance, was not required to determine quantum of rate of rent finally if the same was in dispute--¬Security amount could not be used by the Court for absolving the tenant from liability of eviction for non-compliance with the order of deposit and the default remained intact notwithstanding the security amount.