FAZAL HAQUE versus ABDUL LATIF AKHUND

Section 13 (6)? Does the controller order future rental collections before the 15th of each calendar month? Does the tenant commit the default offense within one day by submitting the rent before 15 days? There is nine proof that the tenant knows that he or she has defaulted on the 15th by collecting the rent: default, if not intentional? Order, away from defense, set aside

P L D 1975 Karachi 681

Before I. Mahmud, J

FAZAL HAQUE‑Appellant

versus

ABDUL LATIF AKHUND‑Respondent‑

Second Civil Appeal No. 48 of 1969, decided on 7th April 1975.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

S. 13(6)‑Controller ordering deposit of future rent "before" 15th of every calendar month‑Tenant committing default of a day by depositing rent "on" instead of "before" 15th‑Na evidence that tenant knew that he committed default by depositing rent "on" 15^th Held: default, in case, not wilful‑Order, striking off defence, set aside.

Ghulam Muhammad v. Mst. Raj Begum P L D 1962 Quetta 136; Sarfraz Khan v‑‑Muhammad Abdul Rauf P L D 1969 Kar. 176; Mst. Larif Kharoon v. Mst.' Husun Ara Second Appeal No. 295 of 1965 and Atta Hussain v Muhammad Taqi Shah P L D 1963 B J 53 ref.

Ghulam Muhammad Khan Lundkhor v. Safdar Ali P L D 1967 S C 530 eel.

S. M. Raza for Appellant.

S. Y. Khawaja for Respondent.

Date of hearing: 17th March 1975.

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