Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S.2(a)(b)(d)(e)(f)(g)(h)---Nature of premises---Determination---Jurisdiction of Rent Controller---Exclusion---For exclusion of jurisdiction of Rent Controller, one had to prove that industrial concern in a building with running machinery was let out for industrial purposes---Simple renting out a building without machinery, though subsequently used by tenant for industrial purpose, would not bring building outside purview of West Pakistan Urban Rent Restriction Ordinance, 1959---Such matter would be a matter of evidence and issue could not be resolved without evidence nor any final decision could be rendered as to character of property without affording parties with opportunity of leading evidence---If a factory; an industrial concern or a building with running machinery, was let out for industrial purposes, provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 would not be attracted nor Rent Controller could assume jurisdiction--If an objection to the jurisdiction of a Tribunal or Court was raised, same should be decided as a preliminary issue before passing any order which could be passed on assumption of jurisdiction. Messrs Rehman Cotton Factory v. Messrs Nichimen Co. Ltd., Karachi PLD 1970 Lah.455; Messrs Rehman Cotton Factory v. Messrs Nichimen Co. Ltd. PLD 1976 SC 781; Muhammad Sharif v. Saeed Akhtar Hassan and 8 others PLD 1985 Lah. 365; Haji Ali Muhammad and 3 others v. Mian Ghulam Muhammad and 2 others 1988 CLC 318; Ahmad Aziz Zia v. Muhammad Siddique and another PLD 1982 Lah. 37 and Akhtar Ali Pervaiz v. Altafur Rehman PLD 1963 (W.P.) Lah. 390 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 2(a) & 13(6)---Striking off defence of tenant---Validity---On filing ejectment application by landlord on ground of default in payment of rent, tenant raised preliminary objection as to the jurisdiction of Rent Controller alleging that premises in question was a "factory" situated in Industrial Area and was rented out for the same purpose, which was not amenable to jurisdiction of Rent Controller under provisions of West Pakistan Urban Rent…

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