Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15(3)

  (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 15(3)-Appeal-Dismissal in absence of record--Additional District Judge without going through record dismissing appeal in limine-Appeal, held, not properly disposed of and deserves remand for fresh decision.-[Remand of case]. Haji Abdur Rehman v. Khush; Muhammad P L D 1961; Lah. 1181, Sh Muhammad Anwar v. Ch. Sultan Muhammad Khan and another 1974 S C M R 371 and Ahsanul Haq etc. v. Abdur Rahim 1.979 S C M R 338 ref. Sh. Hafi-ur-Rehman and 12 others v. Shafique Ahmad 1979 C L C 506 fol. Begum Hamayun Zulfiqar Ismail v. Begum Hamida Saadat Ali 1968 S C M R 828 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 15(3)-Disposal of appeal by Additional District Judge without having record before him-Provision of S. 15(3), being mandatory such credit, held, illegal-Appellant, further held, not obliged to show prejudice being caused to him by such disposal of appeal. [p. 599]B S. M. Zamir for Appellant. S. A. Sated for Respondent. Date of hearing: 13th October, 1979.                                                                                                                                JUDGMENT This second appeal has been filed by a tenant, namely, Muhammad Anwar Butt whose ejectment from a house has been ordered on an application made by the respondents Muhammad Akbar. 2. The order of ejectment was originally passed against the appellant by a Rent Controller which was confirmed, in appeal, by an Additional District Judge while dismissing the first appeal of the appellant in limine. 3. Learned counsel for the appellant contended that the order of the learned Additional District Judge dismissing the appeal in lamina was violative of the provisions of subsection (3) of section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959, inasmuch as the…