Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S. 13 read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30 Scope of section Premature application for ejectment Section merely prohibits ejectment of tenant before expiry of period of six years and not filing of proceedings for eviction of tenant before expiry of such period Rights of parties Could not be governed by Ordinance until expiry of statutory period from date of statutory notice Eviction application, if allowed before expiry of statutory period, Rent Controller's order would have been illegal Rent Con¬troller's order, however, passed after expiry of such period, order merely decided a right acquired by landlord before date of order hence Rent Controller's order not illegal. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- ----S. 13 read with Displaced Persons (Compensation and Rehabilita¬tion) Act (XXVIII of 1958), S. 30 read with Civil Procedure Code (V of 1908), O. VII Applicability of O. VII No provision similar to O. VII enacted in Ordinance VI of 1959 Nor Civil Procedure Code, 1908 made applicable in terms to proceedings under Ordinance VI of 1959 Contention that application for ejectment filed under Ordinance VI of 1959, being premature ought to have been dismissed under O. VII, held, fallacious, being based on fallacy of technicalities of Civil Procedure Code, 1908 being extended to proceedings under Ordinance VI of 1959. Mulla's Civil Procedure Code, 12th Edn., p. 612; Abullah Bhai and others v. Ahmad Din P L D 1964 S C 106 and Mst. Amina Begum and others v. Mehar Ghulam Dastgir P L D 1978 S C 22 ref. Abdul Bashir v. Muhammad Rafiq Khan Sherwani P L D 1974 Kar. 451 overruled. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) . S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1958), S. 30 read with West Pakistan General Clauses Act (VI of 1956), S. 6, cf. (3) and S. 4, cf. (c) Whether appeal could be dismissed on ground of S. 30 of Act 1958, being not relevant to contentions because of Act having been repealed before filing of eviction application by respondent (Quaere). ORDER…

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