1. ' By consent this appeal is admitted and finally heard. The main grievance of learned counsel for the appellant is that his application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 has not been considered by the Rent Controller; On the other hand, the learned counsel for the respondent states that regular enquiry is required in the application which has not been done.
2. ' I have gone through the order of the Rent Controller. It is stated in his order, that landlord is willing to let the area of 2,000 square feets but he is not willing to accept, therefore, the tenant may file proper case is he choses so. The appellant has filed an application under section 13(5-B) of the West Pakistan Urban Rent Restriction Ordinance, 1959 according to him, this is a proper rent application. The only misunderstanding is that appellant has mentioned it as Miscellaneous Application in the execution case No.15 of 1984. I order that this application be treated as rent application under the law and both the parties be given opportunity to lead the evidence and Rent Controller should decide it on merits. The first Rent Appeal is disposed of with no order as to cost.