Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S.13 --- Constitution of Pakistan (1973), Art. 199 --- Ejectment order --- Petitioner having denied relationship of landlord and tenant, took plea before Rent Controller that his civil suit against respondent/landlord was pending for adjudication of title --- Rent Controller, brushing aside said plea had observed in his finding that civil suit had been dismissed, and thus ordered ejectment of petitioner --- Rent Controller's said observation was incorrect as admitted by respondent's counsel and belied by record ---Petitioner's suit was in fact pending at time of decision of Rent Controller, which he had filed after withdrawal of former suit with permission to file fresh suit-Appellate Court's judgment left no doubt that the main consideration on basis of which petitioner was non-suited was dismissal of civil suit --- Such finding being factually incorrect, appeal filed by petitioner against his ejectment did not appear to have been decided in accordance with law-Question as to what was the effect of civil suit pending before Civil Court would have to be determined by the Appellate Court, before whom respondent could raise all objections relating thereto---Appellate Court's order was declared to be without lawful authority and of no legal effect, with the result that petitioner's appeal would be deemed to be pending before Appellate Court and would be decided afresh in accordance with law. Muhammad Rashid Ahmad for Petitioner. Muhammad Siddiq Butt for Respondent No. 1. Nemo for Respondents Nos. 2 to 3. Date of hearing: 4th May, 1991. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 calls in question the judgment of the Additional District Judge, Lahore dated 8th March, 1988 whereby he dismissed the appeal filed by the petitioner and upheld the order of the Rent Controller dated 5th October, 1987.   The dispute in this case relates to property bearing No. SE-XVIII-1-S 2/1, Mohallah Amritsari, Moghalpura Lahore. On 12th February, 1986 an application under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959…