SHAH MUHAMMAD and 8 others vs ADDITIONAL DISTRICT JUDGE I, BAHAWALPUR and 7 others

' Shah Muhammad and others filed a petition against the respondents for their ejectment from the property in dispute. On 13-6-1978, the learned Rent Controller directed the respondents to deposit the arrears of rent from November, 1977 to June, 1978 at the rate of Rs, 100 per month amounting to Rs,800 till 15-6-1978 and also ordered to deposit the future rent at the same rate before the 15th of each calendar month. The respondents made a default in the deposit of the said rent and their ejectment was ordered under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959. An appeal was filed by the petitioners that the order of the learned Rent Controller was incomplete and he should have determined the actual rent due from the respondents. Their appeal was dismissed and it was ordered by the learned first Appellate Court that the petitioners were not precluded from recovering the rent, if any, due against the respondents and they should adopt the other usual mode of proceedings.

2. It has been argued before me that the learned Rent Controller, while passing the order of ejectment, was duty bound to determine the rent payable by the tenants to the petitioners. For the facility of reference, section 13(6) and (8) of the Urban Rent Restriction Ordinance is reproduced below:-- "S.13(6)-- In proceedings under this section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct the tenant to deposit all the rent due from him, and also to deposit regularly till the final decision of the case, before the fifteenth day of each month, the montly rent due from him. If there is any dispute about the amount of rent due or the rate of rent, the Controller shall determine such amount approximately and direct that the same be deposited by the tenant before .a date to be fixed for the purpose. If the tenant makes default in the compliance of such an order, then if he is the petitioner, his application shall be dismissed summarily and if he is the respondent his defence shall be struck-off and the landlord put into possession of the property without taking any further proceedings in the case.

' The Controller shall finally determine the amount of rent due from the tenant and direct that the same may be paid to the landlord, subject to adjustment of the approximate amount deposited by the tenant.

(8) The rent deposited by the tenant under this section shall, subject to the final determination of rent as payable by the tenant, be paid to the landlord at the conclusion of the proceedings or on such earlier date as may be specified by the Controller."

3. The above provisions of law indicate that the learned Rent Controller shall finally determine the amount of rent due from the tenant and direct that the same may be paid to the landlord subject to the adjustment of the approximate amount deposited by the tenant. Para-8 of section 13 of the Punjab Urban Rent Restriction Ordinance also envisages the final determination of rent by the learned Rent Controller.

4. As regards the order of ejectment made in favour of the petitioners, it cannot be set aside because that order is proper. Ali Hassan and another v. Sheikh Bashir Ahmad and another 1979 CLC 159 evinces that the Rent Controller is not functus officio to finally determine the rent, but the order regarding the ejectment on non-payment of the arrears of rent, as ordered by the learned Rent Controller is valid.

5. In Syed Akhlaque Hussain v. Habib Ismail Bajwa, Advocate 1974 SCMR 504, it has explicitly been determined that the Rent Controller is statutory bound to finally determine the rent and the proceedings do not legally conclude unless the rent is finally determined. It has also been adjudicated that the Rent Controller is not functus officio to deal with the matter and the proceeding does not conclude after the order of the ejectment, as envisaged under section 13(6) of the said Ordinance.

6. In the circumstances of the case, I keep the order of ejectment intact and nand the case to the learned Rent Controller for the final determination of the actual rent payable by the tenant to the landlord. He shall dispose of the case after taking evidence of both the parties and hearing arguments advanced before him. I make no order as to costs.

7. The parties are directed to appear before the learned Rent Controller, Hasilpur, on 12-11-1989.