Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----   ----S. 15 [read with West Pakistan Government Notification No. HG-10-2159 dated, 12-3-59] -Orders not falling strictly within, purview of Ss. 4, 10, 12 & 13-Not appealable - Rent Controller refusing to implead party-Order not appealable-Powers of High Court in second appeal under S. 15 (4)-Limited to questions of law arising in judgment of lower appellate Court : [Faqir Chand v. Mst. Bibi Zulekha P L D 1962 Pesh. 1 overruled]. Muhammad Baqaullah Khan v. Mian Muhammad Rashid P L D 1961 Lah. 638 ref.   JUDGMENT   FARUQUI, J.-This case has been placed before us upon a reference made by Sajjad Ahmad, J., before whom this appeal had in the first instance come for hearing. The circumstances in which he made the reference and the facts material thereto are, briefly, these : Sher Ali, the present respon dent, moved an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance before the Sub-Judge & Controller, Quetta, for an order of possession against his tenant Muhammad Naeem, now the appellant. Sher Ali was the mortgagee in possession of this property. One of the grounds taken by Muhammad Naeem before the Controller was that after the letting out of the premises to him by Sher Ali the property had been transferred to one Iqbal Shah by the original owner Mehar Nigar and he (Muhammad Naeem had attorned to Iqbal Shah and had paid rent to him. It was prayed that Iqbal Shah be joined as a party in the proceedings. The Controller refused to do so and rejected the application of Muhammad Naeem in that regard. Muhammad Naeem took the matter in appeal to the District Judge, Quetta, who rejected it on the ground that the appeal was not competent. Before him a judgment of Qadeeruddin Ahmad, J., reported in Faqir Chand v. Mst. Bibi Zulekha (P L D 1962 Pesh. 1), which supported the appellant on the question of jurisdiction, was cited, but the learned District Judge preferred to follow a contrary decision by S. A. Mahmood, J. reported in P L D 1961 Lah. 638 This decision is reported at p. 638 and was given in the case of Muhammad Baqaullah Khan v. Mian Muhammad…