1999 YLR 850 LAHORE-HIGH-COURT-LAHORE

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TANVEER ZIA VS MUHAMMAD BASHIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(6)---Ejectment of tenant---Defence, striking off---Appellants/tenants did not raise any objection for more than three and half years against the order fixing the tentative rent and in fact started complying with the same, but deficiency in the past rent as directed by Rent Controller was not made up---Rent Controller refused to strike off defence of the appellants/tenants, whereas the lower Appellate Court struck off the defence and the appellants/tenants were ordered to be ejected---Validity---Non-compliance of the rent in accordance with the orders passed by the Rent Controller would be considered patent on its face and would not call for any further inquiry, nor the some could be deferred till the conclusion of trial---Failure to comply with order passed by the Rent Controller under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, would leave no option for Rent Controller but to strike off defence---Rent Controller fell in error to dismiss the application moved for striking off the defence, appeal was rightly accepted by lower Appellate Court and eviction of the appellant/tenant was correctly made.