1994 CLC 1782 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD JEWAN BHATTI VS MUHAMMAD RAFIQ CHAUDHARY West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13(6)---Payment of rent not denied---Appellant in his written statement had specifically averred that he had been depositing rent with Rent Controller and up to date rent stood paid---Rent Controller in face of such assertion, after holding that relationship of landlord and tenant did exist, should have proceeded to pass an order under S. 13(6) of the Ordinance, frame the necessary issues and allow the parties to lead evidence---Final order could then have been passed by Rent Controller---Such procedure having not been followed by Rent Controller and eviction of appellant having been ordered straightaway, order of eviction was set aside and case was remanded for decision afresh after framing relevant issues and allowing parties to lead evidence v Amjad Hussain Syed for Appellant.