Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------S 13---Ejectment---Tenant in his written statement claimed that superstructure of the disputed. property was owned by him ---Validity--­Determination of such fact was beyond the jurisdiction of Rent Controller--­Costs of superstructure could only be determined by Civil Court. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---Eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Tenant had filed suit regarding improvements in the property ---Ejectment order was passed against the tenant---Appellate Court instead of finally concluding matter, directed with consent of counsel for both parties a commission to assess value of superstructure---Validity---Consenting parties would be estopped by their conduct to agitate matter till final adjudication had been made in appeal--­Appellate Court had followed equitable principles of law to avoid multiplicity of litigation at the request of both parties---Appellants, thus, could not approbate and reprobate. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Civil Procedure Code (V of 1908), Preamble---Ejectment proceedings---Procedure---Civil Procedure Code; 1908, applicability of---Rent Controller was not bound to follow procedure laid down in Civil Procedure Code, 1908---Rent Controller had been given powers under West Pakistan Urban. Rent Restriction Ordinance, 1959 to hold enquiry as .he thought fit. PLD 1964 SC 459 rel. JUDGMENT This second appeal has been preferred by Khawaja Waliullah and 3 others against the order of the learned District .fudge, Chitral, dated 18-8-1997. 2. Facts of the case are that Haji Amir Maqsood filed an application under the Rent Restriction Ordinance against Khawaja Rehmat (now dead) predecessor-­in-interest of appellants 1 to 3 for his eviction from the suit shop situated at New Bazar, Chitral on the ground of personal need and default in payment of rent as is mentioned in the petition. 3. After framing the issues in the…

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