Law:

Section:

(a) West Pakistan Urban Root Restriction Ordinance (VI of 1959)¬-- S. 13(1) & (4) Appeal Tenant's dental of title of landlord as owner rejected by Rent Controller Finding of Rent Controller, held, not appealable. [Appeal (civil)]. (b) West Pakistan Urban Rest Restriction Ordinance (VI of 1959) ¬ S. 13 4 Notice Question whether notice under S. 13 A served or not served on tenant A question of fact Contention of notice snot having been served neither pleaded nor taken in lower Courts, point, held, not fit to be examined by High Court or Supreme Court.¬[Notice]. ORDER DORAB PATEL, J. --The dispute in this petition for leave relates to a house in Rawalplndi owned by the respondent. It bad been leased to the petitioner by ice respondent's predecessor in interest a: a monthly rent of Rs. 450 and the tenancy was an oral tenancy. On purchasing the house the respondent claims to have served a notice upon the petitioner to pay him rent, and, as rent was not paid, he filed an eviction application against the petitioner for his eviction before the Rent Controller, Rawalpindi on the ground that the petitioner bad committed willful default in the payment of rent, and, on the further ground that he required the house for his own occupation. The petitioner contested his eviction and filed his written statement. He challenged the respondent's title in his written statement. He also denied the allegation that ire bed committed default in the payment end according to learned counsel the petitioner's plea appears to have been that the respondent had not it Formed him that he hang purchased the house. In view of the petitioner's challenge to the respondent's title, this question was examined first by the Rent Controller and we were informed that the Rent Controller held on 27 7 1976 that the petitioner "had admitted the respondent to be his landlord by his conduct". Accordingly, the Rent Controller passed order under subsection (6) of section 13 of the Rent Restriction Ordinance. 1959 (hereafter called the said Ordinance? directing the petitioner to deposit future rent "with effect from August 1976 by the 14th of each month". But in breach of this order the rent of August 1976…

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