1996 PLD 252 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SIDDIQUE VS FAZAL HUSSAIN QURESHI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(6) & 15(5), (6) --- Denial of relationship of landlord and tenant --- Rent Controller deciding such issue in favour of landlord and ordering eviction of tenant --- During pendency of alleged tenant's appeal against Rent Controller's order of eviction, landlord applied that alleged tenant be directed to deposit arrears of rent as well as future rent pending decision of appeal --- Appellate forum directed alleged tenant to deposit arrears of rent and future rent at specified rate --- Validity --- Where relationship of landlord and tenant was denied by tenant, no order of deposit of rent could be passed till such question was decided by Rent Controller --- Appellate Forum in terms of S.15(5) of the Ordinance could only direct tenant to deposit requisite rent --- Grant of stay pending appeal being discretionary with Appellate Forum in a proper case could make suspension of order of Rent Controller conditional upon deposit of rent --Such aspect of the matter was, however, not examined by Appellate Forum --Appellate Forum while admitting appeal itself proceeded to suspend operation of order in question whereby Rent Controller's order did not remain in existence and could not therefore, be made a ground for exercise of power under S. 15(5) of the Ordinance --- Order of Appellate Forum was declared to be without lawful authority and of no legal effect --- Such order, however, would not prevent landlord for applying to concerned forum for modification or variation of stay order and praying that same should be made subject to deposit of rent--Appellate forum was directed to decide appeal within specified period.