Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 7---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Competejacy---Rent Controller ordered petitioner to pay specified amount as arrears of rent and in the same order framed issues---Validity---Order for payment of rent and framing of issues could not be made on same date in single order---Quantum of rent due and extent of liability of tenant to pay the same could be assessed by holding inquiry as to how much rent had been paid and what remained payable---Another matter requiring determination by Rent Controller was effect of time-lag in matter of statutory increase being possible or not when specified amount, termed by tenant as premium was already paid to landlord by tenant, especially in terms of S.7, West Pakistan Urban Rent Restriction Ordinance, 1959---Order of Rent Controller requiring tenant to pay specified amount as arrears of rent and framing issues in that very order was declared to have been passed without any lawful authority and of no legal effect---Rent Controller was directed to hold enquiry in terms of S.13(6) of the Ordinance and proceed strictly in accordance with law. Mst. Razia Begum and another v. Senior Civil Judge (Rent Controller), Charsadda and 2 others PLD 1996 Pesh. 8 rel. JUDGMENT Briefly stated the case of the petitioner is that he is a tenant under the respondent in Shop No.U-713, Bazar Kalan, Rawalpindi, since 1-5-1986 paying rent at the rate of Rs.3,000 per month. He also paid a sum of Rs. One lac to the respondent on account of security. On 12-10-1996 the respondent filed eviction petition against the petitioner under the provisions of Punjab Urban Rent Restriction Ordinance, 1959 on the ground that the petitioner had not paid any rent from 1-6-1991 and that he requires the shop for the use of his sons., The respondent also claimed increase of rent under section 5-A of the Punjab Urban Rent Restriction Ordinance, 1959. The petition was resisted on the ground that the rent was paid up to February, 1996 and on the refusal- of the landlord the petitioner tendered rent to the respondent by Money Order which he did not accept. It…

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