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GHULAM HUSSAIN versus RAMCHAND


Section 13 (6) provisional order for rent submission is not claimed for more than three years

1981CLC825

[Karachi]

Before Abdul Hafeez Memon, J

Haji GHULAM HUSSAIN AND 3 OTHERS‑Appellants

versus

RAMCHAND AND 6 uri3ERs‑Respondents

Second Appeal No. 324 of 1972, heard on 26th October 1978.

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

S. 13(6)‑Tentative order for deposit of rent‑Order calling tenants (appellants) to deposit arrears of rent, not specifying period for which ‑rears to be deposited‑Order appearing to show tenants being called upon to deposit arrears for nearly fourteen years although arrears delude not be claimed for more than three years‑Such tentative rent order, held, both vague and illegal and, its non‑compliance cannot suit in striking off defence of tenants.

Ahsan Ali v. Jaffar Ali P L D 1964 Kar. 418 ref.

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

S. 13 (6)‑‑Default in compliance of tentative order‑Rent Controller extending time for depositing arrears of rent and tenants (appellants) depositing amount before extended date‑Held; Rent Controller even if not legally empowered to extend time in such circumstances tenants cannot be penalized for wrong acts of Rent Controller and their failure to deposit arrears and future rent, could not be said to be willful.

Ahmad Din v. Rasul Bibi P L D 1968 S C 213 ref.

G. A. Brohi for Appellants.

A. Karim Lakhan for Respondents.

Date of hearing : 26th October, 1978.

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