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

Section: 13(5)(b)

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

Section: 13(5)(b)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(5)(b)---Civil Procedure Code (V of 1908), S. 115 & O. XVIII, R. 18---Constitution of Pakistan---Constitutional petition---Ejectment order against petitioner tenant on ground of reconstruction of demised premises---Refusal of landlord to restore possession of reconstructed premises to petitioner---Execution application by tenant under S.13(5)(b) of West Pakistan Urban Rent Restriction Ordinance, 1959 for restoring him possession of re-constructed premises---Acceptance of such application after restoring possession of premises to petitioner on 19-6-2010 and consignment of execution proceedings to Record Room by Executing Court on 21-6-2010---Objection petition by intervenor on 7-7-2010 before Executing Court alleging to be in possession of demised premises, wherein his stock of medicines was lying---Rejection of objection petition by Executing Court and filing of revision petition thereagainst by intervenor---Intervenor's application during pendency of revision petitions for spot inspection to ascertain existence of his medicines in premises accepted by Revisional Court---Validity---Revisional Court before passing impugned interim order had not checked maintainability of objection petition having been filed when nothing was pending before Executing Court---Question of spot inspection and other alike questions could only be considered by court after coming to conclusion that matter before court was maintainable and court entertaining such matter had got lawful jurisdiction in such regard---Before deciding and giving findings on question of maintainability, consideration of allied matters like appointment of commission would be an exercise without jurisdiction and lawful authority---Impugned interim order for being against law and suffering from infirmities could be interfered with by High Court in exercise of constitutional jurisdiction---High Court set aside impugned order and remanded case back to Revisional Court for decision of revision petition within specified time. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Impugned…

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