Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 4(6)

 West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S, 4(6) read with Notification dated 19-12-60 published in Gazette of West Pakistan, dated 30-12-60-Fixation of fair rent - Limitation of 120 days for making application Computed (i) from date mentioned in notification in case of tenant occupying premises before issue of notification; and (ii) in any other case from date of occupation of premises Starting point of limitation as respect premises situated in Karachi where tenancy claimed in existence even prior to date of notification-Provisions of S. 4(6) (b) and not S. 4(6) (a) applic able-West Pakistan Urban Rent Restriction (Second Amendment) Ordinance (XXXVIII of 1962), Ss. 2 & 3-Karachi Rent Restriction Act (VIII of 1953), S. 4-West Pakistan General Clauses Act (VI of 1956), S. 4.   Date of hearing: 13th October 1964.   ORDER   This is a second appeal under section 15(4) of the West Pakistan Urban Rent Restriction Ordinance VI of 1959 in which the validity of the judgment of Mr. Hamidali Memon, Additional District Judge, Karachi, dated 11th July 1964, is challenged.   The material facts are these: The appellants who claim to be the tenant of a portionof the house in question situated in Pir Illahi Bux Colony No. 2, Karachi since 28th November 1958, made an application on 11th October 1963 under section 4 of the said Ordinance for fixation of fair rent in the Court of Mr. M. Nasir Ahmad, Additional Civil Judge, Karachi. The opponent raised a preliminary objection that the application was barred by time. This objection was overruled by the learned Additional Civil Judge and the opponent took the matter in appeal which was accepted by the learned Second Additional District Judge. The tenants have come up in second appeal.   To understand the objection which was upheld by the learned Additional DistrictJudge it would be necessary to refer to certain provisions relating to Rent Laws. The first of these is sub-clause (6) of section 4 of the Ordinance of 1959 which reads:   "4 (6).-On and from such date as Government may, by notification, appoint in this behalf, the Controller shall not entertain any…