1986 CLC 735 KARACHI-HIGH-COURT-SINDH

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ASHRAF ALI VS ALI MUHAMMAD KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(2)(i)--Default--eviction petition filed before expiry of statutory period to tender rent--Tenant admittedly failed to tender or pay rent of premises even after filing of eviction petition and until rent order was passed--Contention of tenant that eviction petition filed by landlord was likely to be dismissed being pre-mature as it was filed before expiry of stipulated period of 60 days as contemplated under S. 13(2)(i) of Ordinance, 1959, repelled--Even if eviction petition was pre-mature on date of its institution, its result, held, would not have been different if landlord had withdrawn and reviled same petition-Ejectment order passed by Rent Controller on ground of default could not, therefore, be interfered on that ground.