Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 2(b),13

Law: Civil Procedure Code (V of 1908)

Section: 141,115

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(b) & 13 and Civil Procedure Code (V of 1908), S. 141 Rent Controller-Not a Court much less Court of civil jurisdiction within meaning of S. 141, C. P. C.   Khadim Mohy-ud-Din v. Ch. Rehmat Ali Nagra P L D 1965 S C 459 ref.   Syed Nafiz Ahmad Zaidi v. S. M. Hussain P L D 1964 Lah. 536 considered.   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 2(b) & 13 and Civil Procedure Code (V of 1908), S. 115 Revision-Creature of statute-Order of Rent Controller-Not open to revision under S. 115, C. P. C. Date of hearing: 12th January 1966.   JUDGMENT   This order would govern Civil Revisions Nos. 81 and 82 of 1965, as they raise a common legal question in the proceedings between the same parties initiated on two separate applications under Rent Restriction Ordinance No. VI of 1959. Learned counsel for the respondents has taken a preliminary objection that the order of the Rent Controller refusing to implead the petitioner in the two separate proceedings under the Ordinance was not revisable under section 115 of the Civil Procedure Code.   The decision of the question turns on the question, whether the Rent Controller is a"Court" within the meaning of section 115, C. P. Code. This point stands concluded by the recent decision of the Supreme Court Khadim Mohy-ud-Din v. Ch. Rehmat Ali Nagra (P L D 1965 S C 459), Fazle-Akbar, J., speaking for the Supreme Court after examining the material provisions of the Ordinance, at page 464, summed up the discussion thus:   "In these circumstances it will be difficult to hold that the Controller while performing his functions under this Ordinance acts as a Court. At the most it…