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

Section: 15(1)(4)

Law: Civil Procedure Code (V of 1908)

Section: 100

West Pakistan Urban Rent Restriction Ordinance (VI of M9) S. 15 (1) & (4) read with Civil Procedure Code (V of 1908), S. 100- Interlocutory order-Appeal--Order contrary to law, or. germane to dispute resulting in decision of entire controversy and terminating proceedings, held, liable. to appeal-Order of Rent Controller not only contrary to law but also arbitrary and passed without a proper notice set aside.-[Judgment]. Link 1 Link 2 Muhammad Umer v. Dr. Amina Ashraf P L D 1977 Kar. 305 ; Gul Dad Khan v. Rahim . Shah P L D 1978 Kar. 19 ; Farhatullah Khan v. Mustafa Ali Khan P L D 1979 Lah. 132 ; Allah Ditta v. Muhammad Hussain P L D 1965 Lah. 29 ; Fatima Bai v. Fatima Begum P L D 1977 Kar. 1007 and Fazal Muhammad v. Roshon Din P L D 1978 Lah. 435 ref.                                                                                            JUDGMENT This second appeal under section 15(4) of the West Pakistan Urban Rent Restriction Ordinance, 1959 is directed against the order dated 5th July 1979 of the learned II Additional District Judge, Sukkur whereby he dismissed the appeal challenging the order dated 17th May, 1979 of the learned Joint Civil Judge and Rent Controller, Sukkur who allowed a miscellaneous applica tion of the respondent permitting him to instal electricity and water connec tion in the premises without holding enquiry as provided by section 10 (3) of West Pakistan Urban Rent Restriction Ordinance, 1959. 2. The fats of the case are that the appellant is landlord whereas respondent is his tenant. The appellant filed an application for ejectment of the respondent in year 1977, which was pending disposal before the Rent Controller, Sukkur. It was during pendency of these proceedings when the respondent also filed an application before the Rent Controller, under sec tion 10 of the West Pakistan Urban Rent Restriction Ordinance, 1959 on 29th June, 1978 stating therein that he was occupying the premises since 1964 on…