1998 PLD 196 LAHORE-HIGH-COURT-LAHORE

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BARKAT ALI CYCLE WORKS VS WAHEED-UD-DIN PLD 1968 SC 230, West Pakistan Urban Rent Restriction Ordinance 1959--5-A , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 5-A [as added by Punjab Urban Rent Restriction (Amendment) Act (III of 1991)] & 13(6)---Striking off defence of tenant---When possible---Rent of nonresidential building would stand automatically increased at the end of every three years of tenancy by twenty-five per cent. of rent already being paid by tenant--Effect of amendment whereby S.5-A was added to the Ordinance would be that arrears having become due as result of increase under newly-added S.5-A of the Ordinance, unless paid earlier would be deemed to be "rent due" on expiry of sixty days from coming into force of S.5-A which was added to the text of the Ordinance---Non-payment of automatically increased rent in terms of S.5-A of the Ordinance would, thus, be an added ground for seeking eviction of tenant who had not paid arrears becoming due---Subsequent increase in rent after three years from previous increase or from the date fixed in S.5-A of the Ordinance, could not be read into the order passed under S.13(6) of the Ordinance nor form basis of said order so as to entail penalty of striking off defence of tenant--Striking off defence of tenant in terms of S.5-A, West Pakistan Urban Rent Restriction Ordinance, 1959 was not warranted and same was set aside---Rent due under S.5-A of the Ordinance would cause striking off defence only when Rent Controller had directed payment of same within specified time and tenant had not complied with such order---Striking off defence of tenant being not lawful, case was remanded to Rent Controller for decision afresh on merits.