Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (Application to Certain Tribal Areas of the North West Frontier Province) Regulation) (I of 1973)¬ S. 3--'Urban area" Expression "urban area" as defined in S. 3¬Means such area as Government may by notification in official Gazette declare to be an urban area West Pakistan Ordinance VI of 1959, held, not applicable to any Tribal Area unless notification to such effect issued by Government. [Words and phrases]. (b) West Pakistan Urban Rent Restriction Ordinance (Application to Certain Tribal Areas of the North West Frontier Province) Regulation (I of 1973) S. 3 read with Transfer of Property Act (IV of 1882), S. 106¬Notice Section 3 of Regulation extended only such Acts as were enforced in N. W. F. P. immediately before commencement of Regu¬lation I of 1973 Transfer of Property Act (IV of 1882) not being one of Acts enforced in N W. F. P. immediately before commencement of Regulation, provision of notice as required by S. 106, Act IV of 1882, held not a mandatory requirement. [Notice], (c) Constitution of Pakistan (1973) Art. 185(3) Contention raised before Supreme Court not agitated before District Judge but abandoned, held, could not be raised at leave to appeal stage. ORDER MUHAMMAD HALEEM, J. This petition is directed against the order of Peshawar High Court dated 5th of April 1978, by which R. S. A. No. 12 of 1978 was dismissed in limine. Respondent No. 1 is the owner of `Mandi" situate in village Batkhela Bazar, Malakand Protected Area. He let it out to the petitioner for 5 years on yearly rent of Rs. 2 900. On the expiry of this period he demanded its '`vacation by notice but the petitioner declined to hand over its vacant possession. Instead he let out a portion of it to respondents 2 to 6. Thereupon, the first respondent instituted a suit for possession against the petitioner and others in Court of Civil Judge, Malakand at Batkhela, which was decreed on 0th of July 1977. The first appeal failed as it was dismissed by the District Judge, Malakand, by Order dated 28th of February 1978. The second appeal o the High Court met the same fate. In seeking leave to appeal the petitioner contended that by…

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