Law:

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West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S'. 13-Rent demanded according to Municipal assessment-Tenant cannot refuse payment of rent at such rate merely because he had pre­ferred appeal against assessment made by Municipality. Mst. Sardar Begum v. Gulfaraz Khan P L D 1967 Pesh. 176 not approved. Abdul Majeed Klan, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Attorney for Petitioners (in both the 'Petitions). Nemo for Respondent (in both the Petitions). Date of hearing : 23rd May 1969. ORDER ABDUS SATTAR, J. -This order will dispose of Civil 'Petitions for Special Leave to Appeals Nos. K-35 and K-36 of .1969. The respondent filed applications for ejectment of the petitioners from same shops on the ground of default in payment of rent and conversion of the shops into residential quarters ;alleging that they became statutory tenants under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 4958. The Rent Controller accepted the applications and directed eviction ,of the petitioners from the shops in question. The petitioners appealed against these orders and the learned Additional District Judge, Karachi, set aside the orders of the Rent Controller and remanded the cases to the Rent Controller. The relevant portions of the orders, which, are more or less in identical terms, read as follows :- "I would therefore frame the under-mentioned issue for ,determination by .the learned Rent Controller. Whether the Rent Controller had jurisdiction to entertain the application in view of the provision of section 30, sub­section 3 (i) and (ii) of the Displaced Persons (Compensation. and Rehabilitation) Act? I accordingly set aside the order of the learned Rent Controller, ordering ejectment of the opponenta-ppellant and. remand the case for evidence (if any) and finding on the issue framed above and to issues 2 and 4 in the light of further ­evidence adduced and arguments advanced by the parties." After remand the Rent Controller re-affirmed his previous decision by his orders dated the 10th April 1968. The petitioners, thereafter, filed appeals against the said orders but they were­ dismissed. Second Appeals filed in…

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