Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 2(a)(b)---"Building"---Definition---Status of premises, determination of---Jurisdiction of Rent Controller---Expression "building" as defined in S.2(a) of West Pakistan Urban Rent Restriction Ordinance, 1959 was wide enough to include land leased out or let out for the purpose of being used for business or trade---In order to oust the jurisdiction of the Rent Controller and to take a property out of the purview of expression "building", it had to be established that at the time of lease, it was an industrial unit or a factory---If the property leased or let out was a piece of land or a vacant site at the time of creation of its lease, it would essentially be covered by the, expression "building "---Subsequent conversion of the same into a factory or industry unit, would not be taken to oust the jurisdiction of the Rent Controller--­Premises in question consisted of a piece of land at the time when it was rented out to the tenant and , saw machine was installed therein subsequently---Premises, in circumstances, would not fall outside the scope of "building" so as to oust the jurisdiction of the Rent Controller. Muhammad Ismail v. Abdul Habib PLD 1993 Kar. 181; Bashir Ahmad v. Mst. Zubeda Khatoon 1983 CLC 390; Muhammad Sharif v. Saeed Akhtar Hussain and 8 others PLD 1985 Lah. 365; Noor Muhammad Khan v. Haji Muhammad Ali Khan and 24 others PLD 1973 SC 218 and Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd. PLD 1976 SC 781 ref. JUDGMENT EJAZ AFZAL KHAN, J.---The petitioner herein assailed the order of the learned District Judge, Peshawar, dated 21-3-2000 whereby the learned District Judge, upheld the order of the learned Rent Controller, dated 17-2-1999. 2. The facts in brief are, that the predecessor-in-interest of the respondents instituted an application for the ejectment of the petitioner in the Court of learned Rent Controller Peshawar which was accepted by him Vide: order, dated 17-2-1999. The petitioner on feeling aggrieved by the order of the learned Rent Controller preferred an appeal in the Court of learned District Judge Peshawar which too bore no fruit as the same was…

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