1986 PLD 33 SUPREME-COURT

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ABDUL AZI VS M.K. ABBASI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--14 , --Art. 185 (3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 14--Ejectment application under S. 13 on ground of default by landlord-Pending such application landlord after retirement from service filed another application under S. 14 for ejectment relating to same premises-Second application of landlord was allowed and tenant ordered to be ejected by Rent Controller while earlier application under S. 13 was still pending-Tenant handed over possession of house in question to landlord-Rent Controller however passed order on first application and determined rent of house-Leave to appeal granted to examine contentions that if Rent Controller chose to accept application under S. 13, only final order he could pass was that of eviction of tenant and that if premises in question was vacated by tenant voluntarily or otherwise, before eviction application had been decided by Rent Controller, it would become infructuous and Rent Controller would have no jurisdiction to decide any ancillary matter including determination of quantum of rent ; and that in such a case landlord must file a suit for recovery of rent before Court of general jurisdiction.