Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S. 13 read with S. 2, cls. (a), (c), (i) & (f )-Denial of tenancy ­Jurisdiction-Disputed property if not "building" or "rented land" as defined in S. 2, cls. (a) & (f ), neither petitioner could be treated as tenant nor respondent could be deemed to be landlord for purposes of S. 13-Petitioner stating property involved in case to be a factory, neither building nor rented land-Case, held, one of denial of tenancy and Rent Controller possessed no jurisdiction to order deposit of rent unless tenancy established.-[Jurisdiction]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 read with S. 2, cls. (a) & (f )-Jurisdiction-Petitioner stating property involved to be a factory-Factory, as held, in some cases, neither a building nor rented land within meanings of cls. (a) & (f ) of S. 2 of Ordinance-Petitioner by raising plea as to property in question being a factory, held, questioned jurisdiction of Rent Controller .­[Jurisdiction]. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13-Denial of tenancy-Amounts to challenge to jurisdiction of Rent Controller-Notwithstanding petitioner's omission to blend absence of tenancy Rent Controller, held, under obligation to adjudicate upon plea that he possessed no jurisdiction to bear ejectment applica­tion.-[Jurisdiction]. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 (6)-Deposit of rent, order for-Jurisdiction-Order for deposit of rent having been passed without deciding question of jurisdiction-Order, held, without lawful authority and resultantly order of eviction also illegal.-[Jurisdiction]. Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C (Pak.) 104 and Abdul Qayyum v. Muhammad Ishaq P L D 1967 Lab. 1025 ref. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13-Eviction-Natural justice, principle of-Issue of jurisdiction, framed alongwith other issues on merits having yet to be decided when Rent Controller passed Order of ejectment ; petitioner having adduced some evidence on issue and yet to adduce remaining evidence when impugned…

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