Law:

Section:

(a) Reference------   ----(To Full Bench;-Question not framed by referring Judge, so that Full Bench may be in a position to hear and decide "all questions".   (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------   ----S. 13 (6)-Deposit of arrears of rent etc., by tenant may not be ordered where tenant objects to jurisdiction of Rent Controller, such objection being based on non-existence of relationship of landlord and tenant-Question of jurisdiction to be decided first-Whether an adjournment would be given for deciding such question depends upon facts of each case-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Unsigned notice to tenant-Effect. [P L D 1961 Lah. 601 and P L D 1962 Quetta 67 approved ; P L D 1960 Lah. 1112 and P L D 1961 B J 88 con sidered.]   The question arising out of the Reference to Full Bench was whether, where there is a denial by the alleged tenant of the relationship of landlord and tenant, it is incumbent upon the Rent Controller to decide first the question of the existence or non-existence of that relationship, and only then to order the tenant to deposit arrears of rent etc., if the preliminary question is decided against him.   The answer to the above question may be spelt out of the following extracts from the judgment of Manzur Qadir, C. J:-   A distinction exists between an issue as to the very existence of the authority to adjudicate, and those other issues which arise as between the parties and which are to be determined by the authority that has the power to resolve them. An issue concerning the very existence of the power to decide, is not an issue between the parties, though -the existence of that power may be asserted by one party and denied by the other. It is, in reality, an issue between the Court itself and the party over whom the Court is asked to exercise power. The issues as to the rights or liabilities of the parties, on the other hand, affect only the parties and arise only as between them. They leave the Court unaffected. This point may be put in another way. Objections raised `to' the proceedings must be distinguished…