2011 PLD 238 PESHAWAR-HIGH-COURT

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Mst. SHAGUFTA SHAHEEN VS MUHAMMAD ISMAIL QURESHI Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Ejectment of tenant---Tentative rent order---Object, purpose and scope---Sort of security is provided under such order to landlord for early decision of litigation and to save him from further expensive course of instituting a separate suit for recovery of arrears of rent which becomes due from tenant during pendency of eviction petition---Tentative rent order is an effective check against tenant to prolong ejectment proceedings---Direction for payment of rent is made on the principle that a person who seeks equity must do equity and come with clean hands and should not render himself as defaulter---Provision of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, is not a vehicle of oppression against tenant---Deposit of rent in terms of S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959, provides protection to both landlord and tenant and paramount consideration is to curb protracted litigation in between landlord and tenant.