2011 YLR 138 LAHORE-HIGH-COURT-LAHORE

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TARIQ AHMAD FAROOQI VS ADDITIONAL DISTRICT JUDGE, LAHORE 1974 SCMR 504, 1982 CLC 422, PLD 1990 Lah. 457, PLD 2002 Lah. 355, West Pakistan Urban Rent Restriction Ordinance 1959--13 , S.13(6)---Tentative rent deposit order---Striking off defence of tenant and passing of ejectment order for non-compliance with rent order---Landlord's application to Rent Controller to finally determine rent due from tenant and give direction for its payment---Order of Rent Controller dismissing such application directing landlord to recover arrears of rent in accordance with law was upheld by Appellate Authority---Validity---Rent Controller would not become functus officio after striking off defence of tenant and passing an eviction order for his non-compliance with rent order---Proceedings before Rent Controller could not legally conclude till performance of his statutory duty under S.13(6) of West Pakistan Urban Rent Restriction Ordinance, 1959 to finally determine rent due from tenant---Rent Controller in order to finally determine rent due would be bound to issue notices to parties and record his findings after providing them an opportunity of hearing or to lead evidence, if required---Impugned orders were against express provisions of second part of S.13(6) of the Ordinance---High Court set aside impugned orders and directed Rent Controller to finally determine rent due from tenant and direct its payment to landlord subject to adjustment of rent deposited by tenant.