Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1968~- S. 30(1) (a) [as amended by Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Act (XIX of 1963)1 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 9 & 13-Rent-Assessment--Rent determined according to latest assessment by Municipality or local Authority-Such rent can be charged by landlord-There being no provision in Act empowering Rent Controller to affirm or reject such assessment, neither a landlord nor a tenant can approach him for afirmation or rejection of rent so assessed. (b) Displaced Persons (Compensation and Rebabilitation) Act (UVIII of 1958)- S. 30 [as amended by Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Act (XIX of 1963)] and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Rent Controller cannot go behind order of assessment made by a competent authority. Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Act, 1958 does not authorise a Rent Controller to go behind an order passed by an Assessing Authority, as he cannot ignore an order passed by a Settlement Authority transferring a property in favour of particular person, irrespective of the fact that such order may be ex parte or otherwise illegal. Such order will be effective as long as set aside by a competent authority on the Settlement side or by a competent Court. Additional Commissioner being competent to revise the order of the Assessing Authority, Rent Controller was not competent to go behind that order. Mian Rehmat Ali v. Khadija Haim P L D 1967 Lah. 29; Ahmad Khan and another v. Mst. Sakina Bibi 1969 S C M R 435; Muhammad Ramzan and another v. Habib Ullah P L D 1971 Lah. 495; Muhammad Akram v. Dr. Ghafur Muhammad 1974 S C M R 40; Mistri Ahmad Din v. Muhammad Munir 1975 S C M R 74; Abdul Bashir v. Muhammad Rafiq Khan Sherwani P L D 1974 Kar. 451 and Messrs Yousaf & Company v. Mst. Rashida Begum P L D 1975 Kar. 684 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13-Ejectment-Default in payment of rent intentional-Order of ejectment by Court below upheld. JUDGMENT The…

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