Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(2)-Rent Controller's duty-Section 17(2) imposes an obligation on Rent Controller to objectively satisfy himself as to merits of grounds pleaded for ejectment and to give his finding thereon-Failure to do so, held, would not amount to disposal of applications on merits and recall of his earlier order by Rent Controller by way of review nullity in eye of law, ejectment application to be deemed to have been pending for decision and review application an exercise in futility ­[Review]. ORDER MUHAMMAD HALEEM, ACTG. C. J. The respondent herein purchased a house built on Khasra No. 691, situate in Pishin Bazar, Quetta, from Abdul Alt on 16th of May 1977, which was in possession of the petitioner as a tenant. He, thereupon, served a notice on him under section 13-A of the Urban Rent Restriction Ordinance, 1959, on 22nd of August, 1977 informing him of the purchase of the house by him and for the payment of the rent due; and as the petitioner defaulted in the payment of rent, he filed an application for his ejectment on 28th of August, 1977, on the grounds of default in the payment of rent without - specifying the period and for his personal bona fide use. In 1979, while this application was pending, the respondent filed another application for its amendment to incorporate the period of default as from 17th August, 1977 to 17th of March, 1979. The Rent Controller allowed his prayer. But in the amended application, a different period was mentioned, that is, from 16th of May 1977 to 17th of March, 1979. The Rent Controller, however, dismissed the ejectment application on 3rd of July, 1979, on the ground that the respondent had failed to amend the application as ordered and added that in doing so his object was' to harass the tenant. The respondent filed an application for he review of the order on 4th of July; 1979, and the Rent Controller, thereupon, recalled his order on 30th of December, 1979 and proceeded to decide the application. On 8th of March, 1980, he passed an order under section 13(6) of the Ordinance whereby he directed the petitioner to deposit Rs. 3,150 on or before 15th of April, 1980, but…

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