Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Leave to appeal granted to consider correctness of decision of Full Bench in Muhammad Aslam v. Mst. Khurshid Begum P L D 1972 Lah. 603 specially as one of Judges of High Court disagreed and an authoritative decision on subject was considered to be appropriate: Muhammad Aslam v. Mst. Khurshid Begum P L D 1972 Lah. 603 maintained. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S.13--Ex parte order when proved to have been passed without due service from other side, such order was a nullity and order setting aside such order would not be deemed to be an order in terms of S.13. Fazal Muhammad v. Roshan Din etc. 1984 S C M R 1305 ref. JUDGMENT NASIM HASAN SHAH, J.-- This appeal, by leave of this Court, is directed against the judgment and order of the Lahore High Court, dated 15-11-1974 in Writ Petition No.309 of 1974 The appellant, who is a transferee of an evacuee property, instituted proceedings under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 for the eviction of the respondents Nos. 1-3 herein. An ex parte order for eviction was passed in his favour on 14-12-1970 and the respondents were actually evicted on 16-12-1970. Thereafter, they applied for setting aside the ex parte order of ejectment on 12-1-1971 and prayed for being put back into possession. The prayer for setting aside the ex parte order was accepted and the said order was set aside and the possession of .the premises was also restored to them vide order of the Rent Controller dated 13-10-1973. The appellant filed an appeal against the said order but the appeal was dismissed by the judgment of the Additional District `Judge on 26-1-1974. Feeling aggrieved, the appellant invoked the constitutional jurisdiction of the High Court, inter alia, on the ground that the Rent Controller had no inherent power to recall his order dated 14-12-1970 and an appeal was only competent against the said order under the terms of the Ordinance. It was further submitted that the Civil Court alone was empowered to order restitution of possession and that this…

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