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Second Appeal from Original Order No. 368 of 1974, decided on 5th March, 1979.
---S. 13 (6)-Arrears of rent, deposit of -Order under S. 13 (6) of Ordnance, an interlocutory order, hence, held, not appealable.
Ibrahim v. Muhammad Hussain P L D 1975 S C 457 and Mian Manzur Bashir and others v. M. A. Asghar d; Co. P L D 1978 S C 185 rel.
Riaz Kayani for Appellant:
Nemo for Respondent.
Date of hearing : 5th March 1979.
During the course of hearing of an application for ejectment of the appellant from the plot in dispute, the Rent Controller passed on 27th November, 1974, an order under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959, directing the appellant to deposit arrears as well as the future rent. The appellant filed an appeal against this order before the District Judge who admitted the same on 11th December, 1974, but refused to suspend the operation of the order impugned before him. This interim order has been challenged by the present appeal.
2. The appeal is liable to be dismissed in view of Ibrahim v.1 Muhammad Hussain (PLD1975SC457) and Mian Manzar Bashir and others v. M. A. Asghar & Co. (PLD 1978 S C185) in which it has been held that interlocutory orders passed under the above Ordinance are not appealable. The appeal is, therefore dismissed without any order as to costs.
3. The case shall go back to the learned District Judge for disposing of the appeal in the light of the same authorities. The record may be sent back to the appellate Court for proper orders. without any delay.
Appeal dismissed.
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