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SHAMIM AKHTAR versus INSHA ALLAH BEGUM


The strike of a defense order approved under section 13 (6) ends on July 10, 1976, on the final determination of proceedings before the rental control order dismissed by the tenant, and the appeal. Accepted on 22 June 1977, the tenant, not binding, complied with the rent control order under section 13 (6) on September 24, 1975, and such rent for February 1979, if 16 May 1977. If submitted, he could not be bound to increase the tenant's defense.

1981 C L C 1072

[Lahore]

Before Khurshid Ahmad, J

Mst. SHAMIM AKHTAR‑Appellant

versus

Mst. INSHA ALLAH BEGUM‑Respondent

Second Appeal from Original Order No. 618 of 1979, decided on 21st January, 1980.

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

‑‑ S. 13 (6)‑Striking of defence‑Order passed under S. 13(6)‑Ter minates on final determination of proceedings before Rent Controller- Order of eviction passed by Rent Controller on 10th July 1976, and appeal accepted on 22nd June 1977‑Tenants, held, not bound to comply with Rent Controller's order under S. 13(6) passed on 24th September 1975, and as such rent for February 1979, even if depo sited on 16th May 1977 could not entail striking of defence of tenant.

Abdul Ghafoor v. Ahmad Kunhi P L D 1969 S C 424 ; D. Lobo v. Sheikh Muhammad Zaki P L D 1967 Lah. 194 ; Qamaruz Zaman v. Khair Din 1980 C L C 2007 ; S. Pinlien v. Mst. Najma Kazmi P L D 1978 S C 275 and Roshan Din v. S. M. Badar Din P L D 1969 Kar. 546 fo1.

Ashfaqur Rehman v. Ch. Muhammad Afzal etc. P L D 1971 S C 766 distinguished.

Muhammad Afzal Siddiqui for Appellant.

Syed Rafi Ahmad, Attorney for Respondent.

Date of hearing : 19th December, 1979.

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