Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---- S.13(6) --- Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to consider questions that jurisdiction to pass an order under S.13(6) of the Ordinance would arise only if the relationship of landlord and tenant existed but in the context of the plea by the tenant that the ejectment application was not maintainable as no such relationship existed and the order of remand by the first Appellate Court against which the second appeal was pending, no order for the payment of arrears of rent and current rent could have been passed under S.13(6); that the landlord no ' t having objected before the High Court for striking off the defence for a period of 7 months, she must be taken to have waived her objection to the delay, if any, in the deposit of arrears of rent and the current rent; and that the delay, if any, was not wilful in view of the litigation pending between the parties in the Supreme Court. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---- S. 13(6) --- Question, whether the Rent Controller before passing a tentative rent order should decide the question of relationship of landlord and tenant, depends on the fact whether the tenant has denied the said relationship --- If a tenant wants to deny the relationship of landlord and tenant as a defence, he is required to raise such a plea so that it may be adjudicated upon at the earliest opportunity --- Provision of S.13(6) of the Ordinance does not provide that before passing a tentative rent order, the Rent Controller should on his own determine the question of relationship even in a case in which a tenant admits the factum of relationship of landlord and tenant. ' Muhammad Ismail v. Israr Ahmed PLD 1961 (W.P.) Lah. 601; Akhtar Ali Parvez v. Altafur Rehman PLD 1963 (W.P.) Lah. 390; Syed Ahsan Ali v. Jaffar Ali and 4 others PLD 1964 (W.P.) Kar. 418; Abdul Ghafoor v. Ahmad Kunhi PLD 1969 SC 424; Mehdi Hasan v. Ghulam Muhammad, etc. PLD 1964 Lah. 648; Muhammad Abdullah v. Abdul Jabbar PLD 1967 Lah. 1000; and Habibullah v. Bawa Vasdevgir Chelo Shambhugir PLD 1968 Kar. 869 distinguished. West…