Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15(7) [as amended by North-West Frontier Province Urban Rent Restriction (Amendment) Ordinance (IX of 1979)]---Constitution of Pakistan, Art.247---Second appeal--- Maintainability--- Both Rent Controller and Appellate Court having accepted ejectment application filed by landlord against the tenant, second appeal had been filed against concurrent findings of the courts below---Maintainability of second appeal had been objected by the landlord contending that same was not maintainable because West Pakistan Urban Rent Restriction Ordinance, 1959 (as amended) barred second appeal; that in spite of absence of specific inbuilt provisions of extension of the Ordinance to Provincially Administered Tribal Areas, same was to be extended to entire of the Province of North-West Frontier Province including Provincially Administered Tribal Areas and, that when the provisions of amended Ordinance stood extended to the areas also including Provincially Administered Tribal Areas, second appeal of the tenant in view of bar contained in amended S.15 of the Ordinance, would not be maintainable---Validity---Under Art.247 of Constitution any laws would be extended to Federally Administered Tribal Areas and Provincially Administered Tribal Areas by the President of Pakistan and Governor respectively through special notification or regulation which was the only way for the extention of laws to such areas---When Constitution was not in force and held in abeyance in pursuance of the promulgation of Chief Martial Law Administrator's Order 1 of 1977 on 5-7-1977 country and the Provinces were run by the Chief Martial Law Administrator and the Governors---Governors promulgated the laws in accordance with the situation at the relevant time---At the time of promulgation of Amending Ordinance, 1979 Constitution had been held in abeyance and the provisions of Art.247 of the Constitution were not available---Administration of the Provinces including the Tribal areas was run by the Governor---Any Ordinance or notification issued by the Governor, in circumstances, would be extended to the entire Province including the…

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