2021 YLR 1603 LAHORE-HIGH-COURT-LAHORE

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Mian ABID AZIZ VS AFTAB QADRI Ss. 17(8) & 17(9)---Punjab Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)---eviction of tenant---Payment of monthly rent---Due date---Scope---"Rent due" and "subsequently become due "---Scope---Non-compliance of order of the Court to deposit arrears as well as future monthly rent---Rent Controller struck off the right of defence of the tenant and passed eviction order forthwith---Contention/defence of the appellant/tenant was that he had made advance deposits of every month though he was required to deposit monthly rent before 5th day of each succeeding month---Held, that S.17(8) of the Cantonments Rent Restriction Act, 1963 stipulated that the Rent Controller shall direct the tenant to deposit all rent due from him before a specified date and also deposit rent regularly till final decision of the case, before the 5th of each month, the monthly rent which subsequently became due---Words "subsequently become due" were meaningful, as the rent became due on expiry of the month for it was payable which could be legally deposited before the 5th of next month---Rent for the specific month could be paid before the 15th of the next month---Under S.13(6) of the Punjab Urban Rent Restriction Ordinance, 1959, ('the Ordinance 1959') Rent Controller was required to direct deposit of rent/future rent before the 15th of each month, so the deposit could be made for specific month before the 15th of next month---If the rent was tendered through money order for specific month and for the following month even on 11th of the next month, such tender amounted to deposit in performance of the obligation of the tenant under S.13(6) of the Ordinance, 1959---Tenant was required to pay the rent due in terms of the directions of the Court and not in advance---In the matter of deposit of rent in Court, the deposit of "rent due" would mean that the rent would become due on the expiry of the month and could be paid before the 15th of the succeeding month---Rent of a month became due on the expiry of month and, therefore, deposit was made before the 5th of the next month would legally be a proper deposit---High Court set aside impugned order of eviction of the appellant/tenant and remanded the matter to Rent Controller to decide the same afresh---Appeal was disposed of accordingly.