1998 SCMR 2656 SUPREME-COURT

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HABIBULLAH VS RENT CONTROLLER, PESHAWAR Constitution of Pakistan 1973--185 , ----S.13 (2)(vi), second proviso---Constitution of Pakistan (1973), Art. 185--Unconditional admission of liability to pay rent on the part of tenant ---Effect--Second proviso to cl. (vi) of S.13(2) of the Ordinance was confined to North West Frontier Province alone---Reprieve under second proviso to cl. (vi) of S.13(2) could follow only if there was unconditional admission of liability to rent due on the part of tenant qua alleged default in eviction application, if admission was made on first date of hearing and finally, if Rent Controller was satisfied that tenant had not made such default on any previous occasion---High Court had rightly found that admission of liability on part of tenant had occurred at the stage of written statement itself, for all practical purposes, ahead of "first date of hearing" which usually but subject to context, would mean and imply such date when case was laid for framing of issues or recording of evidence--Such admission of liability was unconditional for not only there was manifest offer to pay but even enhanced rate was declared to be acceptable---High Court had also rightly found that there was no previous default, antecedent to claim in eviction case which could have been set up or otherwise come in the way of extending benefit to tenant---Finding of High Court on matter of default in terms of second proviso to cl.(vi) of S.13(2), West Pakistan Urban Rent Restriction Ordinance, 1959, was thus, not open to exception.