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Petitioner: PEHLAJ RAI VS Respondent: KHEM CHAND PARAS RAM
1988 S C M R 1916
1988 S C M R 1916
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ
PEHLAJ RAI‑‑Appellant
versus
KHEM CHAND PARAS RAM and 3 others‑‑Respondents
Civil Appeals Nos.8‑Q, 9‑Q, 10‑Q and 11‑Q of 1987, decided on 8th June, 1988.
(On appeal from the judgment of Baluchistan High Court, Quetta dated 24‑12‑1985 in F . A . O. Nos. 29 to 32 of 1979) .
Supreme Court Rules, 1980‑‑
‑‑‑O.XXXIII, R.6‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.15‑‑Appeal‑‑Disposal by consent‑‑Parties consenting to disposal of appeal‑‑ Respondents agreeing to pay rent and accept appellant as landlord till final decision of two pending civil suits‑ Ejectment applications filed by appellant dismissed subject to agreed terms‑‑Order not to affect decisions of two pending suits.
Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑on‑Record for Appellant.
M. K . N . Kohli, Advocate‑on‑Record and S . A . M . Quadri, Advocate‑on‑Record for Respondents.
Date of hearing: 8th June, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑By consent these appeals are partly allowed with the result that the impugned consolidated judgment of the High Court dated 24‑12‑1985, as also the orders of the Rent Controller passed in the cases are set aside and the relationship between the parties in respect of the premises in question shall be governed by the following terms and conditions:
(1) That until the two civil suits namely, Government of Baluchistan v. Pehlaj Rai, and (ii) Gofri Chand etc. v. Pehlai Rai pending in the Court of District Judge, Sibi, are decided finally up to the stage of appellate and revisional Courts, appellant shall be the landlord of the demised premises within the meaning of section 2(c) of the Baluchistan Urban Rent Restriction Ordinance, 1959 and shall be entitled to receive the rent in respect of the premises from the respondents as his tenants and also be entitled to exercise all the rights of landlord under the provisions of the Ordinance.
(2) Appellant shall be entitled to receive rent from the respondent tenants as from 4‑8‑1969 onwards and also collect the rent deposited by the respondent‑tenants in the Court of Rent Controller in the name of Mst. Bhooji Bai. Subject to the above terms the ejectment applications filed by the appellant against the respondents are dismissed.
It is clarified that this order is not meant to affect the decisions of the aforesaid two pending suits in any manner whatsoever.
The parties shall bear their own costs.
M.I./P‑55/S Order accordingly.