Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(6)---Arrears of rent---Relationship of landlord and tenant was disputed---Effect---If relationship of landlord and tenant is denied by tenant, no order for deposit of rent can be passed by Rent Controller till such time, the question of relationship is decided by him. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 145(5)-"Tenant"-Scope---Appellate authority can only direct tenant to deposit rent---Word "tenant" used in S.15(5) of West Pakistan Urban Rent Restriction Ordinance, 1959, instead of "appellant" is not without significance---If intention of Legislature had been that order for deposit of rent can be passed, there was nothing to prevent Legislature from conveying its intention by using word "appellant" and not "tenant"---Unless, Appellate Authority comes to conclusion that appellant before it is a tenant, no order for deposit of rent can be passed by relying upon findings of Rent Controller which is under appeal before Appellate Authority. (c) Appeal--- ----Appeal is continuation of original cause---Once appeal is filed the entire matter stands reopened and finality of order under appeal disappears. F.A. Khan v. The Government of Pakistan PLD 1-969 SC 520 rel. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(6) & 15(5)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Dispute about relationship of landlord and tenant---Deposit of arrears of rent---Tenant denied such relationship but Rent Controller found him to be tenant and directed him to deposit arrears of rent--Tenant assailed order of Rent Controller and Appellate Court directed him to first deposit the arrears of rent---Plea raised by tenant was that Appellate Court, without first deciding question of relationship, could not have directed him to deposit arrears of rent---Validity---Such order directing tenant to deposit arrears of rent without giving any finding regarding relationship of landlord and tenant by Appellate Court was without lawful authority and against the spirit of S.15(5) of West Pakistan Urban Rent…

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