1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a tenant whose defence has been struck off under section 13(6) of the Rent Restriction Ordinance. His writ petition was also dismissed by the High Court.
2. ' Learned counsel while admitting that the deposit of rent for the month of March, 1986 was not in accordance with the direction of the learned Rent Controller made under section 13(6), contended that it was a delay only of one day. Therefore, the High Court should not have taken a strict view of the so-called default that the petitioner was compelled by the circumstances (illness of his father) in his failure to make deposit on due date; and that, in any case, if it was not a case of several defaults spread over a period of time, the defence could not be struck off. In this behalf, he relied on Gulzar Ahmad Pirzada v. Addl. District Judge, Lahore (1982 SCMR 616).
3. The default under section 13(6) is of a peculiar nature. As held by this Court the Rent Controller has no discretion to condone it as distinguishable from the default in payment of rent relatable to the other provision of section 13.
4. ' Accordingly the first and the last contentions of the learned counsel have no force. The judgment relied upon by him does not help the petitioner, it rather goes against him.
5. ' With regard to compelling and/or unavoidable/beyond control circumstances, after hearing the learned counsel at some length on this piint, we have no reason to differ with the assessment and findings of fact impugned before this Court. Leave to appeal accordingly is refused.