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FATIMA BAI versus REHMATULLAH


Section 13 (6) Approval of time for submission of rent The order of approval of the rent controller for the temporary submission of rent to the Additional District Judge on the order of appeal is dismissed by the order but ultimately the appeal is rejected. And the High Court also excludes the second appeal within the confined limits, the order for the payment of arrears of rent for a fixed period, and cannot be questioned which has already passed before the sanction of the stay, which I have further held that the application for the rent to be submitted by the rent controller at the time of the actual counting of the appeal. S later be added.

1981 C L C 1235

[Karachi]

Before Abdul Hayee Kureshi, Actg. C J

Mst. FATIMA BAI AND 7 OTHERS‑‑Appellants

versus

REHMATULLAH AND 2 OTHERS‑‑.Respondents

Second Appeal No. 138 of 1973, decided on 13th May, 1981.

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

---S.13(6)‑‑Time allowed for deposit of rent‑‑‑Exclusion of period of stay order in computation of Rent Controller passing order for tentative deposit of rent‑‑Additional District Judge on appeal staying" order but ultimately dismissing appeal and High Court also dismissing Second Appeal in limine‑Held, order for deposit of arrears of rent acquired finality and cannot be questioned‑Period already passed before grant of stay, held further, to be included in period following dismissal of appeal in reckoning time originally allowed by Rent Controller for deposit of rent.

Messrs Ansari Brothers v. Holy Trinity Church Trust P L D 1971 S C 700 fol.

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

‑‑ S. 13(6)‑Time to deposit rent‑Start of‑Tenants committing default by depositing beyond time allowed lesser amount than ordered‑Rent Controller stricking off' tenants' defence‑--Additional District Judge maintaining order of eviction of tenants passed by Rent ‑ Controller‑Appellants' counsel urging time for deposit of rent to start running afresh from dismissal of appeal wherein order for deposit of rent stayed by Appellate Court‑Contention repelled. Holy Trinity Church Trust v. Ansari Brothers P L D 1963 Lah. 489 ref.

Nissarally for Appellant/Petitioner.

Abdul Karim Siddiqui for Respondents.

Date of hearing : 13th May, 1981.

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