Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6)Tentative rent, fixation ofRate of rent being in dispute between parties, Rent Controller fixing tentative rent en basis of latest municipal assessment but for a previous period fixing it at a lower rate on ground of appellant having previously fixed rent at that rateRent Controller's observation on objection being raised by appellant to fixation of tentative rent at a lower rate that matter could be proved and assessed in main proceedings on production of evidence by parties in support of their respective claims, held, correct approach for passing order under S. 13(6). Allah Din v. Mst. Kaneez Begum P L D 1961 Lah. 410 held, not applicable. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6)Tentative rent, fixation ofObjections that rate of rent fixed in earlier proceeding operated as res judicata, that transferee of evacuee property could not automatically increase rent, that rent could not be increased on basis of latest municipal assessment after expiry of 6 yearsNot material to determination of tentative rent under S. 13(6)Such issues, held, could be raised when Rent Controller finally fixes amount of rent payable by tenant to landlord. JUDGMENT MUSAMMAD YAQUB ALI, J. The subjectmatter of this appeal by leave of this Court is the order passed by the Rent Controller under section 13(6) of the Kent Restriction Ordinance, 1959, fixing tentative rent of a shop situated on Beadon Road, Lahore. The appellant is the tenant of the shop and the -Respondent is its landlord. The shop was purchased by the -Respondent at a public auction in 1962. The appellant who was in occupation of the shop thereupon came its statutory tenant under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. He had formerly paid rent to the Rehabilitation Department at Rs. 85 p.m. but under section 30 he became liable to pay rent to the -Respondent at the rate determined in the latest assessment by the Municipal Corporation. The -Respondent first served a notice on the appellant under section 30 demanding rent of Rs. 500 p.m. but soon thereafter he corrected the demand…

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