Law:

Section:

Punjab Local Government Ordinance (VI of 1979)------S. 122(3)---West Pakistan Urban Rent Restriction Ordinance (IV pf 1959), Ss.3, 13-A & 23---Constitution of Pakistan (1973), Art.185(3)--­Transfer of property by the Government---Municipal Committee inducted the respondents as its tenants in a Municipal market on monthly rent---Municipal Committee, later on, vide resolution of the Committee decided to dispose of the shops in possession of the respondents and simultaneously in pursuance of the same resolution leasehold rights of respondents in the shops which were in their possession, were cancelled---Property in question accordingly was sold to the petitioners and Municipal Committee took over the possession from the respondents in purported exercise of jurisdiction under S.122(3) of the Punjab Local Government Ordinance, 1959---High Court found that relationship of landlord and tenant existed between the Municipal Committee and the respondents and the matter would be governed by the West Pakistan Urban Rent Restriction Ordinance, 1959---Validity---Leave to appeal was granted by the Supreme Court to examine, inter alia, the following contentions raised by the parties.s That the observation of the High Court namely that the parties' rights shall be governed by the provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 was incorrect because under section 3 of the West Pakistan Urban Rent Restriction Ordinance, 1959, the Provincial Government had issued a notification, dated 27th October, 1967 to the effect that the provisions of Ordinance, 1959 shall not apply to those buildings or lands which belonged to local bodies administered areas and which were used for commercial purposes; that under section 122(3) of the Punjab Local Government Ordinance, 1979, Municipal Committee after having cancelled the tenancy rights of respondents had jurisdiction to take over the possession of the shops from them because despite of serving notice upon them, they were not agreeing to hand over its possession: that exemption granted by the Provincial Government under section 3 of the West Pakistan Urban Rent Restrictions Ordinance, 1959 with regard to non-application…

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