Case Details

Citation(s)
1991 SLD 1736 = 1991 CLC 1469
Lahore High Court
Writ Petition No.4690 of 1983, decided on 18th February, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Sh. Muhammad Aslam for Petitioner. Nemo for
Respondents Nos.l to 3.

STATE LIFE INSURANCE---Petitioner

VERSUS

ADDITIONAL DISTRICT JUDGE and others---Respondents

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 15---Constitution of Pakistan (1973), Art. 199---Appellate Authority without first deciding question as to admission of appeal filed before it, proceeded to accept it after hearing preliminary arguments of appellants without service of any notice on opposite party  under  misconception  that  an  admitted  appeal  was  being heard---Petitioner/opposing party having not been granted any opportunity of being heard, order of Appellate Authority was declared to be illegal by High Court in exercise of Constitutional jurisdiction. Sh. Muhammad Aslam for Petitioner. Nemo for Respondents Nos.l to 3. Date of hearing: 18th February, 1991. JUDGMENT The petitioner claims to be the landlord of property bearing No.S-19-R 68, commonly known as Gian Mansion, situate at Shahra-e-Quaid-e-Azam, Lahore, which is in occupation of respondents No.2 and 3 on the ground of default in payment of rent. In the written statement filed by them respondents Nos.2 and 3 denied the relationship of landlord and tenant. The Rent Controller vide his order dated 29-3-1983 accepted this petition and directed the eviction of the respondents from the property in dispute. Aggrieved by this order, respondents 2 and 3 filed an appeal which was entrusted to an Additional District Judge who proceeded to accept the same on 23-6-1983. This judgment of the Additional District Judge has been assailed by the petitioner by filing this constitutional petition. 2. The only contention raised by Mr. Muhammad Aslam Sheikh, Advocate is that the petitioner was not granted any opportunity of being heard by the…
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