WATER AND DEVELOPMENT AUTHORITY versus AFTAB ALI

Section 13 (6) The Passing Order for the Rental Tenant Submission Orders Depending on the Amount Determined in Rent Payment does not comply with the request that the arrears are already paid, rent Such a defense of cedar cannot be examined. Controller's order, without complying with the controller's direct deposit order

1981 C L C 579

[Lahore]

Before Khurshid Ahmad, J

WATER AND POWER DEVELOPMENT AUTHORITY‑Petitioner

versus

Syed AFTAB ALI AND AND‑Respondents

Writ Petition No. 12134 of 1980, decided on 3rd February, 1981.

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

‑‑ S. 13(6)‑Ejectment on ground of default in payment of rent- Rent Controller passing order for deposit of arrears of rent‑Tenant not complying with such order on plea that due arrears stood already paid‑Held, such defence of tenant could not be examined and considered without complying with order of Controller directing deposit of arrears‑Order of Controller striking off defence of tenant‑Held, perfectly valid.

Mushtaq Hussain v. Muhammad Shafi 1979 S C M R 496 rel.

Ali Hassan v. Bashir Ahmad etc. 1979 C L C 159 ref.

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

‑‑ S. 13(6)‑‑Words "without taking any further proceedings in the case"‑Interpretation.‑[Interpretation of statutes].

Muhammad Saeed v. Syed Niaz Ali Shah 1972 S C M R 30 ref.

Syed Iftikhar Ahmad for Petitioner.

Irshad Hassan and Niaz Ali Shah for Respondent No. 1.

Date of hearing: 27th January, 1981.

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