Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13 (6)-Ejectment-Petitioner-tenant failing to deposit arrears of rent as ordered by Rent Controller and Rent Controller in consequence directing to ant's defence to be struck off but postponing, physical eviction of petitioner till dispute as to ownership of premises in dispute pending before Settlement authority adjudicated-Dispute settled by such authority and decided in favour of landlord and landlord applying for eviction of tenant and Rent Controller ordering physical eviction of to cant-Rent Controller having decided only a apart of proceeding and reserved another part for decision later order passed by him, held, not final order so as to oust his jurisdiction to proceed further in matter nor did his order for restoration of physical possession to landlord a count to a review of his earlier order.-[Review]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from the judgment dated 12th February, 1980, of the Lahore High Court, whereby petitioner's second appeal arising out of a case under the West Pakistan Urban Rent Restriction Ordinance, 1959, was dismissed. A learned Rent Controller had on an eviction application filed by the respondent directed the petitioner to deposit arrears of rent under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959. On failure of the petitioner to comply with the direction, his defence was struck off on 3-11-1970. The physical eviction of the petitioner however, was postponed because the ownership dispute between the parties was pending adjudication before the Settlement Authorities. When the controversy about the transfer of the property ended, the respondent moved an application for implementation of the order passed on 3-11-1970. The petitioner resisted this application. The learned Rent Controller however, directed the petitioner to hand over vacant possession of the property to the respondent. The petitioner then challenged this order of the learned Rent Controller in first and second appeals. The same having been dismissed, he has sought leave to appeal. The grounds taken in this petition are that the learned Rent…

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