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

Section: 13,14,16

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- --- Ss. 13, 14 & 16 read with Civil Procedure Code (V of 1908), O. XXIII, r. 1-Withdrawal of ejectment application-Provisions of Code V of 1908 (except those referred to in S. 16 of Ordinance VI of 1959) though not expressly made applicable to proceedings under Ordinance, yet Rent Controllers, and appellate authorities, in practice, generally follow principles of Code in dealing with proceedings under Ordinance --Ejectment application under S. 13 of Ordinance withdrawn with permission of appellate Court to file fresh application on basis of same cause of action-Fresh application on same cause of action, held, not barred.-[Practice and procedure]. Ismail v. Fida All PLD 1965 S C 634 and Muhammad Shafi v. Nawab arid others PLD 1957 Lab. 649 ref: (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) O. XXII1, r. 1-Withdrawal of ejectment application--Equity-Order permitting landlord-respondent to file. new application made with concurrence of counsel for appellant-tenant-Counsel for appellant also receiving costs, payment whereof a condition precedent to filing of fresh application--Respondent abandoning his right to obtain verdict of Court in his earlier application on such grounds Not equitable in circumstances to deny respondent right of filing fresh application.--[Equity]. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- - S. 13 read with Civil Procedure Code (V of 1908), O. XXIII, r. 1-Appellant if not satisfied with order allowing respondent to withdraw his appeal with permission to file new application should have gone in second appeal but not choosing to do so-Appellant not having taken recourse to remedy of appeal, held, cannot be permitted to question validity of order.-[Second appeal]. THIS JUDGMENT DELIVERED BY: This is a second appeal against an order for the ejectment of the appellant, Sh. Muhammad Hussain, from a house belonging to the respondent, Muhammad Latif. 2. The impugned order was made on an application, under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the said Ordinance) filed by the…

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