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

Section: 13(6), (8), 15(1), (4)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13(6), (8) & 15(1), (4) - Appeal, maintainability of -- Rent Controller's order on preliminary issue, finding relationship of landlord and tenant between parties-Not appealable--Section 15(l) postulates appeal in relation to matter germane to substance of dispute and not merely incidental or collateral dispute disposed of by an interlocutory order-[Muhammad Amin v. Sh. Jamshed Ali P L D 1963 Lah. 523 held overrated].-[Appeal (civil)]. Kandawala & Co. Ltd. v. Rashiduddin 1969 S e M R 721 and Ibrahim v. Mohammad Hussain P L D 1975 S C 459 ref, Muhammad Amin v. Sh. Jamshed Ali P L D 1963 Lab. 523 held over ruled. Date of hearings 16th March 1976.                                                                                                                                                                            JUDGMENT This is second Appeal under section 15(4) of the West Pakistan Rent Restriction Ordinance, 1959 (hereinafter called the Ordinance) against the order dated the 19th September 1974, passed by the District Judge, Quetta in Rent Appeal No. 42 of 1974, whereby he upheld the order of the Controller, Quetta. dated the 8th April 1974, passed in Rent Application No. 39 of 1970. 2. The material facts giving rise to this second appeal are : That respondents claim to be the owners of a shop premises, bearing No. 1-3/13-B-179 Suraj Gung Bazar, Quetta, and, according to them, appellant is the tenant thereof at a monthly rent of Rs. 40. On the 26th June 1970, respondents filed an application under section 13 of the Ordinance on the grounds of non-payment of rent by the appellant and for personal requirement of the shop premises by the respondents. However, the…