AKHTAR JAHAN BEGUM versus MUHAMMAD AZAM KHAN
For the purpose of passing an order under section 13 (6) of section 13 (6) of the Ordinance, the Tentative Rental Order Controller is not required to determine the amount or rate of rent ultimately in dispute but such amount Need to determine the consequences of non-compliance with the order under section 13 (6): summarizing the trial without taking any action on the basis of such non-compliance by ordering the defense to stop and the eviction order. ۔
y nature under the statute aforesaid was based on a tentative view of the case and its obedience could be shelved on the ground that first a regular finding after recording evidence regarding actual amount due or about the amount available for adjustment to the tenant should be given because adoption of that course will tantamount to start a regular trial of the case which is not within the scope of subsection (6) of section 13 of the Ordinance, for directing deposit of tentative amount of rent. Actually compliance of that direction is a condition precedent for requiring the Rent Controller to examina the bona fides or correctness of the various defence pleas of the tenant or to further proceed with their trial and adjudication."
In view of the aforesaid, we find no merit in the contention that the respondent could be ordered to be evicted only if it was established first that/B he had not paid the rent at the proper rate on adjudication of these question is by the Controller. The respondent was liable for his defence to be struck off on proof that he had failed to comply with the directions contained in the tentative order for deposit, for which he has given no explanation.
In the result, this appeal is allowed with costs. The respondent is, however, granted two months to surrender possession to the appellant subject to payment of rent.
s. A. H. Appeal allowed.
