2003 YLR 449 LAHORE-HIGH-COURT-LAHORE

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Dr. KAMRAN MASOOD VS Ch. SAADAT KHALID West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(2)(i)---Default in payment of rent by tenant holding over after determination of lease---Monthly rent fixed in previous agreement was Rs. 3, 900 payable by 5th of each month---Nothing was available on record to show that tenant had offered to landlord. rent of alleged. period for payment within fifteen days after expiry of specified date---Tenant had not placed on record application for deposit of rent or order of Rent Controller granting such permission--Challans showing payment of rent placed on record did not show, when rent for alleged period had been deposited---Tenant had taken contradictory stand regarding rate of rent before Rent Controller at the time of passing the order under S.13(6) of the Ordinance--Had tenant paid rent at agreed rate after obtaining permission from Rent Controller, he would have not disputed rate of rent with plea that rate of rent was Rs.2, 000 per month, which was being deposited by him--Fixation . of tentative rent Q Rs.3,000 by Rent Controller negated such plea of tenant--Default in payment of rent had been proved--High Court upheld order of eviction of tenant passed by Appellate. Court.