Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13(6)---Tentative rent fixed by Rent Controller under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959---Validity---Ejectment petition was pending before the Rent Controller and the tenant was within his right to lead whatever evidence he wanted to for establishing on record that the rent was less than the amount of tentative rent---In the event of the Rent Controller determining the rent at any other amount less than already fixed as tentative rent, the tenant was entitled to refund of the amount deposited in excess thereof. Abdul Majeed v. Wazir Begum 1996 SCMR 1681 ref. Siaf-ul-Haq Ziay, Advocate Supreme Court instructed by M.A Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 3rd February, 1998 ORDER CH. MUHAMMAD ARIF, J.---Leave to appeal is claimed in a rent cause against the judgment, dated 16-7-1997 passed in Writ Petition No. 11178 of 1997, whereby the interim orders made by the Rent Controller on 19-3-1997 and 16-4-1997, determining the rent for the disputed premises under subsection (6) of section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, were upheld. 2. Learned counsel for the petitioner has vehemently contended that the learned Rent Controller having failed to tentatively determine the rental of the disputed premises quite in line with the case of Abdul Majeed v. Wazir Begum (1996 SCMR 1681), such determination can be made the subject ­matter of a Constitutional petition under Article…

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