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Civil Petition No. K‑193 of 1983, decided on 12th December, 1983.

(On appeal from the judgment of the High Court of Sind at ' Karachi, dated 9‑1‑1983 in Second Civil Appeal No.100 of 1977).

‑‑‑Art.185(3)‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(6)‑‑Ejectment for default in payment of rent‑‑Tenant not asserting before Rent Controller that he ever paid or tendered any rent to landlord‑‑Plea that Rent Controller should have passed a tentative order under S.13 (6) of Ordinance calling upon tenant to deposit rent before passing final order of ejectment found to have been rightly rejected by Rent Controller and maintained by High Court‑‑Leave to appeal refused.

Muhammad Yousaf v. Asghar Hussain 1980 S C M R 886 ref.

Faizanul Haq, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 12th December, 1983.

Respondents filed ejectment application against the petitioners on the ground that being tenants they failed to pay rent, sublet the demised premises and also damaged the property. In defence, petitioners pleaded that there was no relation ship of landlord and tenant between the parties. The Rent Controller decided the aforesaid issue against the petitioners and held that they were tenants of the respondents. Thereafter, the Rent Controller directed petitioners ejectment by the order dated 26‑4‑1975 on the ground that they were admittedly the defaulters in payment of rent and thus liable to be evicted.

Petitioner's appeal in Sind High Court was dismissed and they now seek leave to appeal from the judgment of the High Court.

Mr. Faizanul Haq learned counsel for the petitioners submits that it was mandatory upon the Rent Controller to pass a tentative order under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance calling upon the petitioners to deposit rent, and in the absence of such order, the Rent Controller was not competent in law A to pass the final order of ejectment against the petitioners.

This plea was raised in the High Court but was rejected for the reason that since the petitioners "had not asserted that they ever paid or tendered any rent to the respondents the Rent Controller rightly ordered eviction of the appellants (petitioners) from the premises without taking further proceedings in the case".

In somewhat similar facts and circumstances this Court in Muhammad Yousaf v. Asghar Hussain, 1980 S C M R 886 upheld the order of the Rent Controller passed in that case which had been maintained by the High Court. We also do so likewise in the present case and dismiss this petition.

S.Q Leave refused.

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