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First Rent Appeal No.807 of 1986, decided on 20th November, 1986.
---S.21(1)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13(5-B)--High Court, treating application filed under S.13(5-B), Ordinance VI of 1959 to be a proper rent application in spite of having been listed as miscellaneous application remanded case to Rent Controller to decide matter afresh on merits after giving parties opportunity to lead evidence.
Mumtaz Ahmad for Appellant.
Abdul Monem Khan for Respondent.
By consent this appeal is admitted and finally heard. The main grievance of learned counsel for the appellant is that his application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 has not been considered by the Rent Controller; On the other hand, the learned counsel for the respondent states that regular enquiry is required in the application which has not been done.
I have gone through the order of the Rent Controller. It is stated in his order, that landlord is willing to let the area of 2,000 square feet but he is not willing to accept, therefore, the tenant may file proper case is he chooses so. The appellant has filed an application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 according to him, this is a proper rent application. The only misunderstanding is that appellant has mentioned it as Miscellaneous Application in the execution case No.15 of 1984. I order that this application be treated as rent application under the law and both the parties be given opportunity to lead the evidence and Rent Controller should decide it on merits. The first Rent Appeal is disposed of with no order as to cost.
H.B.T./H-7/K Order accordingly.
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