Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: S. M-Appeal-Appellate

Law: Civil Procedure Code (V of 1908)

Section: S. 141

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. M-Appeal-Appellate authority can order remand of case by reason of S. 141, Civil Procedure Code (V of 1908).   West Pakistan Urban Rent Restriction Ordinance does not specifically provide for remand of a case on appeal, but by reason of section 141 of the Code of Civil Procedure the provisions of the Civil Procedure Code are clearly applicable. It provides that the procedure provided in the Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. The provision of the Civil Procedure Code relating to remand could be availed of by the Appellate Authority. The power to remand a case on appeal is a necessary incidence of appellate jurisdiction.   Muhammad Azeem and others v. Muhammad Nawaz and others P L D 1961 Lah. 137 rel.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 -Appellate Authority remanding case and directing the framing of a fresh issue -Fresh application for ejectment not necessary-Fresh evidence not admissible on issues finding of which was not set aside by Appellate authority:   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15-Order of Controller not falling within purview of Ss. 4, 10, 12 & 13 of Ordinance-No appeal lies to Appellate authority-Consequently no further appeal lies to High Court.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (6)-Proceedings re : default by tenant to deposit monthly rent in Court-Not to be unduly prolonged-Tenant can be called upon to produce receipt showing that amount due has been deposited-Default, held, proved by production of such receipts. JUDGMENT   House No. 7, Pir Makki Street, Ravi Road, Lahore, was leased to Sardar Ataullah by its landlord Mian Muhammad Rashid respondent at Rs. 42-8-0 per month. After Sardar Ataullah died, Mian Muhammad Rashid filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) for ejectment of Muhammad Baqaullah Khan, son and Mst. Atia Begum, widow of Sardar Ataullah Khan on the grounds that they as…