Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- -- S.13(6) --- Constitution of Pakistan (1973), Art.199 --- Default in payment of rent as per tentative order of Rent Controller --- Ejectment order was passed against tenant, but Rent Controller failed to determine amount of rent due from tenant and direct him to pay the same to landlord --- Legality --- Rent Controller was statutorily bound to finally determine the rent and proceedings did not legally conclude unless rent was finally determined --- Rent Controller was not functus officio to deal with the matter and proceedings did not conclude after the order of ejectment --- High Court kept the order of ejectment intact and remanded case to Rent Controller for final determination of actual rent payable by tenant to landlord. Ali Hassan and another v. Sheikh Bashir Ahmad and another 1979 CLC 159 and Syed Akhlaque Hussain v. Habib Ismail Bajwa, Advocate 1974 SCMR 504 rel. JUDGMENT Shah Muhammad and others riled a petition against the respondents for their ejectment from the property in dispute. On 13-6-1978, the learned Rent Controller directed the respondents to deposit the arrears of rent from November, 1971 to June, 1978 at the rate of Rs. 100 per month amounting to Rs.800 till 15-6-1978 and also ordered to deposit the future rent at the same rate before the 15th of each calendar month. The respondents made a default in the deposit of the said rent and their ejectment was ordered under section 13(6) of the West Pakistan Urban Rent estriction Ordinance, 1959. An appeal was filed by the petitioners that the order of the learned Rent Controller was incomplete and he should have determined the actual rent due from the respondents. Their appeal was dismissed and it was ordered by the learned first Appellate Court that the petitioners were not precluded from recovering the rent, if any, due against the respondents and they should adopt the other usual mode of proceedings. 2. It has been argued before me that the learned Rent Controller, while passing the order of ejectment, was duty bound to determine the rent payable by the tenants to the petitioners. For the facility of reference, section 13(6) and…

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