Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13(4), (5-B) & 15---Withdrawal of ejectment application ---Re­delivery of possession to tenant---Entitlement---During pendency of ejectment application an agreement was arrived at between the parties and in view of the said agreement landlord withdrew ejectment application--­Landlord, `later on took possession of the premises in occupation of tenants not through execution of any order of ejectment as no ejectment order was passed by Rent Controller at the time of withdrawal of ejectment application but was taken otherwise---After reconstruction of the premises, tenants filed application under S.13(4) & (5-B) of West Pakistan Urban Rent Restriction Ordinance, 1959 for re-delivery to them the possession of vacated premises, but application was concurrently dismissed by Rent Controller and Appellate Authority---Validity---Question of the maintainability of the application moved by the tenant for re-delivery of reconstructed premises, would have arisen only if there had been a formal order of ejectment in favour of the landlord and against the tenants---When the ejectment application was withdrawn by the landlord in view of agreement between the parties, there arose no question of passing a formal order of ejectment against the tenants---If any agreement between the parties was alleged to have been violated by the landlord, proper course for the tenants teas to enforce the same against the landlord by having recourse to the Civil Court---Question of applicability of S.13(4) & (5-B) of West Pakistan Urban Rent Restriction Ordinance, 1959 would arise only if the possession of the premises in dispute had been taken by the landlord in pursuance of an order of ejectment, same having not been done, application filed by tenants, was rightly dismissed being misconceived. Muhammad Ramzan v. Abdul Hadi and others 1983 CLC 2820 and Phool Muhammad v. Abdul Ghaffar 1982 CLC 2575 ref. ORDER This order will dispose of S.A.Os. Nos.52 and 53 of 1999 respectively. The facts of forming background of these S.A.Os. are that Masjid Malik Ramzani Paracha situate in Mohallah Sheikh Abdullah Street No. 1…

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