Law:

Section:

(a) Islamabad Rent Restriction Ordinance (IV of 2001)-------Ss. 1(2), 2(k) & 17---SRO No. 83(RE)/02 dated 19-7-2002---Constitution of Pakistan, Art. 185(3)---Ejectment petition---Default in payment of rent by tenant, ground of---Ejectment order passed by Rent Controller was upheld in appeal and constitutional petition by Appellate Court and High Court respectively---Tenant's plea was that ejectment petition filed on 29-1-2003 was not entertainable by Rent Controller as jurisdiction to decide same vested in him subsequently through notification dated 29-6-2004 issued under S. 1(2) of Islamabad Rent Restriction Ordinance, 2001---Validity---Federal Government for the purposes of Islamabad Rent Restriction Ordinance, 2001 had specified urban areas by S.R.O. No. 83(RE)/02, dated 19-7-2002 issued under S.2(k) thereof and had extended thereto jurisdiction of Rent Controller through notification dated 29-6-2004 issued under S.1(2) thereof---Demised premises was situated within such specified urban area---Rent Controller had decided ejectment petition after having acquired jurisdiction during its pendency through such notification dated 29-6-2004---­Supreme Court dismissed petition for leave to appeal in circumstances. Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187 The State v. Muhammad Jamil and Muhammad Alam v. The State; Managing Director Oil and Gas Development Company Ltd. v. Syed Najmul Hassan Naqvi 2005 SCMR 89 rel. (b) Jurisdiction--- ----Tribunal/court lacking jurisdiction to entertain a lis at time of its institution could decide the same subsequently, if acquired jurisdiction during its pendency---Principles. Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187 and Managing Director Oil and Gas Development Company Ltd. v. Syed Najmul Hassan Naqvi 2005 SCMR 89 rel. (c) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss. 2-J(ii) & 17---Ejectment petition---Denial of relationship of landlord and tenant by respondent on ground that after death of his father, his brother remained in possession of suit premises---Validity---Suit premises was rented out to father of respondent---Notice of ejectment petition was served upon respondent at suit premises---…

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