Law: West Pakistan Urban Rent Restriction Ordinance, (VI of 1959)

Section: 13(6),15(2)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(6) & 15(2)---Ejectment of tenant---Landlord filed ejectment petition on the ground of bona fide personal need and default in payment of rent---Rent Controller, on non-compliance of the order by tenant to deposit rent amount in the Court, struck off his defence, and subject to adjustment of earlier payment, directed ejectment of the tenant within a period of one Month along with deposit of future rent at the rate of Rs.7500 per month---Appellate Court on appeal, dismissed the same in limine on the ground that order of Rent 'Controller was an order passed under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959 and the same was not appealable---Contention of the tenant was that order under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959 was passed on 22-3-2007 whereas he had assailed the order dated 26-4-2007 whereby his defence was struck off and the ejectment order was passed against him---Tenant further contended that the order of the Appellate Court was based on misreading of order of Rent Controller as the said order was a final order in terms of S.15(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Validity---Record revealed that it was a final order passed under S.15(2) of the West Pakistan Urban Rent Restriction Ordinance, 1959 which was an appealable order---Tenant had rightly assailed the order through an appeal---Appellate Court without going through the order dated 26-4-2007 dismissed the appeal holding that impugned order had been passed under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959 and the said order was interim in nature---Appellate, Court had wrongly found that order under appeal was passed under S.13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Tenant's appeal was against the final order and Appellate Court was bound to decide the appeal on merits---High Court allowed Second appeal from order and set aside the appellate order and remanded the case to Appellate Court to decide the same afresh on merit. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.---…

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