1988 MLD 1467 LAHORE-HIGH-COURT-LAHORE

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Ch. GHULAM NABI VS Ch. ABDUL RAZZAQ KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S. 13 (6)--eviction proceedings--Default in payment of rent--Striking off defence--Rent Controller directing tenant to deposit arrears of rent and also deposit future rent before 15th of each succeeding month but on his failure to do so striking off his defence and ordering his eviction--Contention that tenant had already advanced Rs. 10,000 to landlord for adjustment towards rent and it was incumbent upon Rent Controller to have determined tentatively arrears of rent payable and that tenant due to illness could not make monthly payment by due date--Tenant found committing default in payment of rent and medical certificate produced found bearing no date on it and nature of illness not so serious incapacitating tenant to make payment by stipulated date--Order striking off defence of tenant, held, was valid and justified not requiring indulgence-Direction of Rent Controller that landlord would not withdraw arrears of rent, till decision of case, showed that he had taken into consideration plea of payment of advance rent by tenant.