2011 CLC 1771 LAHORE-HIGH-COURT-LAHORE

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Mst. ZAHIDA AZAM VS SOHAIL RAFIQUE 1974 SCMR 504, Determination--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(6)---Arrears of rent---Determination---Rent Controller, jurisdiction of---Landlady asserted that rate of rent per month was Rs.46,948 while tenant claimed it to be 17,716 per month but Rent Controller assessed tentative rent as Rs.30,000 per month and the same was deposited by tenant---Rent Controller passed eviction order without determining the arrears and rate of rent, which order was maintained by Lower Appellate Court---On application of tenant, the Rent Controller ordered to return the excess amount deposited by him---Validity---Held, it was the duty of Rent Controller to determine arrears of rent even after decision of ejectment petition---Rent Controller did not become functus officio after disposal of ejectment petition---Rent Controller while granting withdrawal of excess rent did not hold any inquiry nor proceeded to determine arrears of rent, as such the order of Rent Controller was of no legal efficacy---Lower Appellate Court while dismissing the appeal of landlady did not take into consideration that the rate of rent was not finally decided by Rent Controller and the order of Lower Appellate Court needed modification to that extent---High Court modified the order of Lower Appellate Court to the extent that Rent Controller would determine the arrears of rent after holding proper inquiry into the matter and the case was remanded to Rent Controller---Appeal was allowed accordingly.