Case Details

Citation(s)
1991 SLD 1805 = 1991 CLC 1687
Lahore High Court
Writ Petition No.3868 of 1984, heard on 13th May, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Sh. Maqbool Ahmad II for Petitioner. Nemo for
Respondents.

Sh. BARKAT ALI ---Petitioner

VERSUS

Ch. MUHAMMAD LATIF and others---Respondents

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15 , 17

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 15 & 17---Execution of ejectment order---Objection to maintainability-- Order passed by Rent Controller that objection petition filed by objector was maintainable, admittedly was interim in nature as objection petition was yet to be disposed of---Such interim order was not open to appeal under the Ordinance. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 15 & 17---Revision against order of Rent Controller ---Maintainability--Contention that appeal against order of Rent Controller should have been treated as revision, was repelled in view of legal position that an order passed by Rent Controller was not amenable to revision.---[Revision (Civil)]. Sh. Maqbool Ahmad II for Petitioner. Nemo for Respondents. Date of hearing: 13th May, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the order of the Additional District Judge, Lahore dated 3rd of July, 1984 whereby he dismissed an appeal filed by the petitioner against the order of the Rent Controller dated 2nd of June, 1983 on the ground that it was not competent. The relevant facts are that the petitioner obtained an order of ejectment against Malik Amir Ali from a Rent Controller on 17th July, 1978. He applied for the execution of that order; during the course of which an objection petition purporting to be under Order 21, Rules 99, 100, 101 and 103 and Section 12(2) and Section 15-1, C.P.C. was filed by Ch. Muhammad Latif respondent No.l herein. The petitioner objected to the maintainability of the objection petition but the Rent Controller…
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