Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13, 15

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  Ss. 13 & 15-Powers of Appellate Authority-Tenant denying title of landlord-Controller finding issue in favour of landlord order ing deposit of rent under S. 13 (6)-Tenant deliberately failing to comply with order of Controller and challenging same in appeal before District Judge-District Judge dismissing appeal and striking off defence of tenant on application of the land lord-Held, appellate authority as well as High Court in appeals under S. 15 competent to exercise powers conferred on Controller under S. 13 (6) and can order deposit of rent pending appeal and strike off defence for non-compliance with its own order-Appellate Authority, however, not competent to strike off defence on basis of Controller's order-[B. M. Rashid v. Razia Abbas Ahmed P L D 1971 Kar. 468 dissented from]. In a proceeding under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 the tenant denied the title of the applicant as landlord. An issue was struck and the Controller decided in favour of the landlord and thereafter he passed an order for deposit of tentative rent under section 13 (6) of the Ordinance. The tenant deliberately failed to comply with the order and challenged it in appeal. The appeal was dismissed but while dismissing the appeal the District Judge passed an order allowing the landlord's application for striking off the tenant's defence. In appeal before the High Court, the Single Judge's attention was drawn to two conflicting Division Bench decisions viz. P L D 1970 Kar. 599 and P L D 1969 Kar. 546. The Single Judge followed the decision in the latter case and his reasons for the same were as follows: A bare perusal of section 15 and its Explanation is sufficient to establish that the provisions of section 107 (2) of the Civil Procedure Code are not expressly excluded, nor are they excluded by necessary intendment, because the provisions of section 107 (2) of the Civil Procedure Code are not inconsistent with the provisions of the Ordinance. Additionally, very wide powers are conferred on Appellate Courts under Order XLI, rule 33, according to which all…