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Letters Patent Appeal No. 208 and Second Appeal No. 490 of 1970, decided on 17th October, 1978. (a) West Pakistan Civil Courts Ordinance (II of 1962)¬ S. 10 read with Government of West Pakistan Notification No. HG 10 2/59, dated 12 3 1959 Civil judges Jurisdiction as Rent Controllers All Civil Judges of First and Second Class empowered to act as Rent Controllers within limits of their respective jurisdictions civil Judge, in circumstances, held, empowered to entertain application Controller limits Rent Restriction Ordinance (VI of 1959). [Juris¬diction]. Sharaf Faridi v. M. A. Shahani PLD 1975 Kar. 59 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 2(i) & 13(5)(b) Tenant Wife and children of deceased original tenant Entitled to continue pursuing application filed by their prede¬cessor under S. 13(5)(b) Original tenant, held, not a statutory tenant so as to make tenancy not inheritable. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(5)(b) Possession, restoration of Subsection (5)(b) of S. 13, held, does not require tenant's making specific plea for being put into possession of shop constructed on site of old shop. (d) Civil Procedure Code (V of 1908) S. 100 Second Appeal High Court, in second appeal held not justified to upset finding of Courts below based on appreciation of evidence, more so in case of concurrent findings of fact by Courts below West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15. [Second appeal]. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(5)(b) (as amended by Ordinance XXI of 1965) Subsection (5) of S. 13 prospective even though proceedings for eviction of tenant already taken prior to its enactment Wife and children of original tenant, held, could take benefit of S. 13(5)(b) in circumstances. Hassan v. Fancy Foundation PLD 1975 SC 1 ref. (f ) Civil Procedure Code (V of 1908) S. 11 Res judicata Letters Patent Appeal having been admitted against order of Single Bench, whole question, held, open again and bar of res judicata not applicable. [Res judicata]. (g) Natural justice, principles of -- Opportunity of being heard Fact of original order being…

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