W IOAR AHM AD. J. Through instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioner has impugned judgment dated 27.11.2023 passed by learned Additional District Judge-IV, Kohat, whereby appeal of petitioner against order dated 14.01.2023 was dismissed.
2. As per contents of instant petition respondent No.1 had filed an application under Section 13 of West Pakistan Urban Rent Restriction Ordinance, 1959, for ejectment and recovery of outstanding rent alongwith dues of electricity and gas bills. petitioner (then respondent) was summoned who on appearing before the Court contested the petition by filing written statement. During pendency of same case was fixed on 14.01.2023 for cross examination of evidence of petitioner (then respondent). Petitioner did not attend the Court despite repeated calls, therefore, he was proceeded as ex-parte and thereafter, ex-parte order was passed in favour of respondent No.1 .
Appeal filed by petitioner against impugned ex-parte order was also dismissed by learned appellate Court (being not maintainable) vide judgment dated 27.11.2023. Petitioner feeling aggrieved from impugned judgment has filed instant writ petition.
3. I have heard arguments of learned counsel for the parties and gone through available record.
4. Perusal of record reveals that appeal of petitioner was held to be non maintainable for non- preparation of decree sheet. Learned appellate Court had found that drawing of decree sheet was requirement under Order 41 Rule 1 CPC but while holding so it failed to realize that appeal before said Court had been filed under Section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959, where there was no requirement of drawing of decree sheet. Under Section 17 of the West Pakistan Urban Rent Restriction Ordinance, 1959, every order made by a Rent Controller under section 10, 13 or section 2 (13-A) and every order passed on appeal under section 15 was to be executed by a Civil Court having jurisdiction in the area as if it were a decree of that Court. There also, requirement of drawing of decree sheet was not mentioned. Learned Rent Controller was not a Court but persona designate, exercising powers under West Pakistan Urban Rent Restriction Ordinance, 1959. Although it could adopt procedure provided for civil Court under CPC where the ordinance was silent but same was discretionary with the Court. Same was case of appellate Court exercising powers under Section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959. The requirement of drawing decree sheet for maintaining an appeal could not have been read into the ordinance and petitioner has wrongly been penalized. Such a requirement of drawing a decree sheet could not be held to have been mandatorily required in rent proceedings. Under Section 15 of West Pakistan Urban Rent Restriction Ordinance, 1959, only and only existing of order of Rent Controller was required and Rent Controller had passed an order of ejectment on 14.03.2023, besides recovery of amount of rent therein. The order has already been put to execution by learned civil Court and copies of the order of civil Court passed in execution has also been annexed with CM No.88 of 2025 filed in instant writ petition. In such circumstances, learned appellate Court has wrongly held the appeal not maintainable. Petitioner has made out a case for interference of this Court. Resultantly, instant writ petition is allowed to the effect that the matter stands remanded to learned appellate Court where the appeal shall be resurrected and decided in accordance with law. Counsel for both the parties were directed to appear before learned appellate Court i.e, Additional District Judge-IV, Kohat on 21.05.2025.