Law:

Section:

(a) Appeal (Civil)-----   ---- Point not raised in grounds of appeal can be permitted to be raised inadvertantly missed-Plea never taken in lower Court-Cannot be permitted to be raised for first time in appeal.   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----   ----S. 13 (6) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Discretion of Rent Controller to fix tentative rent under S. 13 (6)-Not taken away by S. 30, Displaced Persons (Compensation and Rehabilitation) Act, 1958.   Mistri Allah Din v. Mst. Kaniz Begum P L D 1961 Lah. 410 considered. JUDGMENT   The appellant had purchased evacuee shop No. 149, Ahmadpur Past and he was given the provisional transfer order on the 19th May 1961. This shop has been in possession of Sardar Muhammad respondent as a tenant under the Custodian's Department. On the 1st of January 1962, Fazal Hussain the owner of the shop sent a notice to the tenant demanding Rs. 100 as monthly rent. Since the tenant failed to pay the rent the appellant filed a petition in the Court of Rent Controller, Ahmadpur East, seeking the ejectment of the tenant. Sardar Mohammad in his written statement showed willingness to pay the rent at the rate of Rs. 5-6-0 which he had earlier been paying to the Custodian's Department. He admitted the receipt of the notice and pleaded that he was always ready to pay Rs. 5-6-0 which was reasonable rent. The Rent Controller passed an order on the 5th of July 1962, directing the tenant to deposit the arrears at the rate of Rs. 15 p. m. within 10 days and to pay the future rent before the 5th of every month. The case came up before the Rent Controller on the 8th of October 1962, when it was discovered that Sardar Muhammad tenant had not deposited the arrears of rent. Consequently the Rent Controller struck off the defence and directed his ejectment forthwith. Sardar Muhammad filed an appeal against this order which was accepted by the learned District Judge (the Appellate Authority) by his order dated the 18th of January 1963. The learned District Judge held that the Rent Controller should have fixed the tentative rent at…