Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 read with West Pakistan Rent Restriction (Second Amendment) Ordinance (XX XVIII of 1962), S. 3(3) [as added by West Pakistan Urban Rent Restriction (Second Amendment) Amending Ordinance (XXH of 1966), S. 2(ii)]-Ejectment-Proceedings instituted before Additional District Judge and Controller under provisions of Karachi Rent Restriction Act, 1953 and transferred to Controller under West Pakistan Urban Rent Restriction Ordinance, 1959 under provisions of West Pakistan Urban Rent Restriction (Second Amendment) Ordi nance, 1962-Effect on such proceedings of West Pakistan Urban Rent Restriction (Second Amendment) Amending Ordinance, 1966-Sub section (3) of S. 3 of West Pakistan Urban Rent Restriction (Second Amendment) Ordinance, 1962 added by S. 2 (ii) of West Pakistan Urban Rent Restriction (Second Amendment) Amending Ordinance, 1962 with retrospective effect, held, saved such proceedings to be treated as proceedings before a Controller appointed under West Pakistan Urban Rent Restriction Ordinance, 1959. Eviction proceedings instituted under the Karachi Rent Restric tion Act, 1953 before the Additional District Judge holding also the office of Controller under the said Act stood transferred to the Controller under the West Pakistan Urban Rent Restriction Ordinance, 1959 on its application to Karachi by virtue of the West Pakistan Urban Rent Restriction (Second Amendment) Ordinance, 1962. Ejectment order was issued by the Civil Judge appointed as Controller to whom the case had been transferred thereafter. It was contended that the eviction order lost its alidity with the promulgation of the West Pakistan Urban Rent Restriction (Second Amendment) Amending Ordinance, 1966 inas much as according to section 2(1) of the Ordinance of 1966 section 3(2)(a)(i) of the Ordinance of 1962 had been repealed and omitted as non-existent from the very beginning. The proceed ings instituted under the Karachi Rent Restriction Act, 1953 could not therefore be deemed to have been transferred to the Controller under the West Pakistan Urban Rent Restriction Ordinance, 1959 and as the Karachi Rent Restriction Act, 1953…