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

Section: 13(1), (2)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13(1), (2) - Ejectment - Jurisdiction of Controller-Limited Application before Controller-Competent only if claim of landlord relates to recovery of "due rent" and not rent in advance. By reading subsections (1) and (2) of section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 together, one would be able to see the confines of jurisdiction of Controller, in that an application before him would be competent only if the claim of a landlord is for the recovery of "due rent" and not rent in advance. After all, the Court of Controller is of limited jurisdiction. And thus the proceedings instituted in it must be shown to be covered by the provisions of Ordinance, of which it is admittedly the creature, failing which it would have no jurisdiction what ever. Akhtar All Parvez v. Altafur Rehman P L D 1963 Lah. 390 and B. A. Evans v. Muhammad Ashraf P L D 1964 S C 536 ref. (b) Jurisdiction Jurisdiction not vested in Court-Cannot be conferred on it by parties consent-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. Date of hearing : 7th July 1975.                                                                                                                             JUDGMENT This rent appeal is meant to call in question the order of Additional District Judge, Peshawar dated 12-4-74 by which the appeal of appellant was dismissed against the order of Rent Controller allowing against him the eviction-application of respondent. The case seems to have quite a chequered history. The first round of litigation between parties started in 1969 when respondent filed against appellant, his tenant of suit shop, an application in the Court of Controller for his ejectment on two grounds (1) of his default in paying rent for the period 19-8-1968 to…