MUSHTAQ AHMAD KHAN versus NASIMUR REHMAN

Section 13 (6) of the delayed condo nation rent was not deposited within the time given by the controller tenant because the default medical certificate could not be considered so serious that moving the appellant There is also no charge to stop the appellant in order to withhold. A person must submit a rent within time, which does not justify interference with the defense and the limitation of the eviction limit (IX of 1908), Section 5.

1981 C L C 137

[Karachi]

Before Tanzil‑ur‑Rehman, J

MUSHTAQ AHMAD KHAN‑Appellant

versus

NASIMUR REHMAN‑Respondent

Civil Second Appeal No. 153 of 1975, decided on 7th September, 1980,

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

‑‑ S. 13(6)‑Condo nation of delay‑Rent not deposited within time given by Rent Controller‑Tenant pleading sickness as ground for default‑‑Medical certificate not showing sickness to be so serious as to prevent appellant from moving about‑Appellant not even alleging to have had no other person to deposit rent within time‑Held. no justification made out to interfere with order striking off defence and ordering eviction‑Limitation Act (IX of 1908), S. 5.

Muhammad Jan v. Khadin Hussain 1973 S C M R 243 ref.

Muhammad Ishaq v. Abdul Haq P L D 1978 liar. 898 distinguished.

Ahmadullah Farooqui for Appellant.

Shakir Hussain Attorney for Respondent.

Date of hearing: 7th September, 1980.

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