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Civil Appeals Nos. 61, 62 and 63 of 1975, out of Civil Petitions for Special Leave to Appeals Nos. 119‑R, 120‑R and 143‑R of 1975, decided on 8th December 1975.

(On appeal from the judgment and order of the; Lahore High Court, Lahore, dated the 25th July 1975, in F. A. Os. Nos, 79, b8 and 85 of 1975).

---Arts. 185(3) & 187‑Appeal to Supreme Court‑‑‑ Respondents lodging caveat to oppose grant of leave, conceding that without going into merits of controversy orders of Courts below be set aside, petitions for leave to appeal be converted into appeals and disposed of on record as it stands to terms that petitioners be allowed to produce evidence shut by trial Court and be directed to appear before trial Court on a specified date for further directions‑‑Counsel for petitioners having no objection to proposals, petitions converted into appeals and. allowed in terms agreed upon.

Ghulam Muhammad Bhatti, Advocate Supreme instructed by Khawaja Mushtaq Ahmad, Advocate‑on‑Record for Petitioners (in Civil Petitions Nos. 119‑R and 120-R of 1975).

M. Dilawar Mahmood, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner (in Civil Petition No. 143‑R of 1975).

Noor Ahmad Noori, Advocate‑on‑Record for Respondents (in all the Cases).

Date of hearing : 8th December 1975.

‑‑This order will govern Civil petitions for Special Leave to Appeal Nos. 119‑R, 120‑8 and 143‑R of 1975. They are directed against the same order of the Lahore High Court, dated the 25th July, 1975, by which the First Appeals arising out of the orders of the Rent Controller, Lahore, dated the 3rd May, 1975, weft dismissed on the short ground that the Rent Controller had rightly held that he had no power to review his own order.

The respondents filed an application before the Rent Controller seeking to evict the petitioners on two grounds. The first was default in payment of the rent and the second being that the disputed premises was reasonably and in good faith required for reconstruction. After the evidence of the respondents was recorded the case was fixed for the petitioners to produce their evidence on 3rd March, 1975, which day being a holiday the case stood automatically adjourned to the next day i e. 4th of March, 1975, and on that date the petitioners could not produce their witnesses as they were not summoned for that date. The Rent Controller, by a short order, closed their evidence leaving it, however, open for the petitioners to examine themselves. Thereupon the petitioners moved applications under section 151, C P. C. seeking for the review of the order dated 4th March, 1975. The Rent Controller dismissed the application by order dated 3rd May, 1975 holding that he had no power to review his earlier order and that in any case the previous order needed no "amendment or modification". Against this order the petitioners preferred an appeal which was also dismissed as aforementioned by a learned Single Judge of the Lahore High Court.

The respondents lodged a caveat to oppose the grant of leave, Mr. Noor Ahmad Noori, Advocate‑on‑Record appearing for the caveators conceded that without going into the merits of the question as to whether a review was competent, the order of the Rent Controller and that of the High Court be set aside, that these petitions be converted into appeals and disposed of on the record as it stands in terms, that the petitioners be allowed to produce evidence which was shut out by the Rent Controller and that the parties be directed to appear before the Rent Controller on 23rd December, 1975, which is the next date of hearing for further directions. The counsel for the petitioners had no objection to it. Accordingly we would convert these petitions into appeals and allow them in terms as aforementioned. There will be no order as to costs.

Order accordingly.

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