Law:

Section:

Ghulam Rasool petitioner was a tenant under Said Rasool, respondent No.1 in respect of property No.33-Shadman Colony, Lahore on a rent of Rs.4100/- per month. On 21st,of May, 1987 a petition under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959 was filed by the respondent against the petitioner. During the pendency of this petition, on 22-3-1988, an order under section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959 was passed by the Rent Controller, directing the petitioner to deposit the rent from October, 1987 to March, 1988. There is no dispute that this order was not complied with by the petitioner with the result that his defence was struck off on 7-4-1989. The learned Rent Controller, further directed that the petitioner was liable to pay rent at the agreed rate of Rs.4,100 from October, 1987 till the date of the order, in all Rs. 62,490 which should be paid to the respondent.

As no payment in terms of the order passed by the Rent Controller, was made, an application for execution of the order directing the petitioner to pay a sum of Rs.62,490 was filed by respondent No.1 before the Rent Controller. During the course of those proceedings, an objection petition was filed by the petitioner in which he stated that the Rent Controller had no jurisdiction to direct the payment of any rent and the order passed in this behalf was not executable. These objections were repelled by the Rent Controller on 7-1-1989. This order was challenged by the petitioner by filing an appeal which was dismissed by the learned Additional District Judge, Lahore, on 14-4-1989. The petitioner has now invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.