Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 132

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Alternate remedy of appeal or revision, non-availing of---Effect---Bar on filing constitutional petition without availing alternate remedy could be ignored in exceptional cases in order to administer substantial justice between the parties. Farzand Raza Naqvi and 5 others v. Muhammad Din and others 2004 SCMR 400 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15(6)---Constitution of Pakistan, Art.199---Order of ejectment from shop passed by Rent Controller set aside by Appellate Authority---Constitutional petition filed by pardanasheen landlady instead of filing second appeal in the High Court---Maintainability---Such orders passed by courts below were neither void nor suffered from any jurisdictional defect---Petitioner being a pardansheen lady was not accustomed with legal procedure and working of court---Filing of constitutional petition instead of filing of appeal in High Court could be on the basis of mistaken advice to petitioner or her ignorance of court working and procedure to be adopted---Law gave preferential treatment to women folk---Non-entertaining of constitutional petition would have resulted in maintaining impugned order and petitioner had to face rigour of fresh litigation under new law and all her efforts to have justice from courts for last more than four years would have proved futile---High Court entertained constitutional petition in circumstances---Instances of special treatment given under law to women folk highlighted. Farzand Raza Naqvi and 5 others v. Muhammad Din and others 2004 SCMR 400 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13(2)---Tenancy agreement, expiry of---Effect---Tenant, in such a situation would become statutory tenant and could not be evicted from demised premises without due process of law---In absence of fresh agreement, tenancy would be governed by terms of expired agreement. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Punjab Rented Premises Ordinance (XXI of 2007), S.19---Ejectment petition---Law available at the time of institution…

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