1. ' MUHAMMAD YAQUB ALI, J.-The petitioner was a tenant of Plot No, 2-R.B.6/106, Kristian Chand Narumal Building, Arambagh Road, Karachi, under respondents Nos. 1 to 7 at a monthly rent of Rs,
50. On 24-1967, the respondents filed an application for eviction of the petitioner on basis of default in payment of rent.
2. ' On 5-8-1968, the Controller made an order under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, requiring the petitioner to deposit arrears of rent in four monthly installments and payment of future rent before the 15th day of each subsequent month. The petitioner again made a default whereupon the Controller struck off her defence on 22-9-1968. In the absence of opposition, order for eviction of the petitioner was passed on 11-7-1969.
3. ' On 11-2-1969, the petitioner moved the Controller for permission to deposit arrears of rent pleading that her counsel had failed to intimate to her the order passed by the Controller under section 13(6).
4. The explanation offered by the petitioner has been rejected concurrently by the Controller, the District Judge and a learned Judge of the High Court A and order of her eviction maintained.
5. ' The petitioner seeks leave to appeal claiming that there is no deliberate default on her part and that it was a fit case to condone the delay as was held by this Court in Ghulam Muhammad Khan Londkhor v. Safdar All (1).
6. ' The plea raised is factually incorrect. It is pointed out by the Additional District Judge who dismissed we petitioner's appeal that in her statement she admitted that her counsel had told her that she was to deposit rent but he omitted to mention Vie exact amount. Even if the statement is accepted the petitioner is, however, guilty of laches in not inquiring from B her counsel the amount as well as the date by which the arrears of rent were to be deposited and also in not depositing the current rent for a period of more than six months. On these facts, it was hardly a case for condonation of delay. The intention of the Legislature is manifest by the provision that in case of default, the Controller shall strike off the tenant's defence. The order passed by the Controller is thus fully justice and rightly maintained, on appeal, by the District Judge and the High Court.
7. ' Leave to appeal is refused and the .