Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance tVl of 1959)---- Ss. 13 & 2(j) read with Constitution of Pakistan (1972), Art. 261(3) and West Pakistan Urban Rent Restriction Ordinance (Application to Certain Tribal Areas of the North-West Frontier Province) Regulation (I of 1913), paras. 1(2)(3), 3 & 4-Tribal Areas-­Application of Ordinance (VI of 1959)-Dependent upon area in dispute to be specified as "Urban Area" by Government of North ­West Frontier Province by means of a notification in official Gazette-No notification issued by N.-W. F. P. Government declaring area in dispute as "Urban Area"-Ordinance (VI of 1959), held, not applicable to area in dispute.-[Interpretation of statutes]. Clause (3) of Article 261 of the Constitution (1972) under which Regulation 1 of 1973 was promulgated clearly stated that laws could be applied to a Tribal Area subject to such exceptions and modifications as may be specified in the relevant direction on the subject. It was in keeping with this, that when Regulation I of 1973 was made applicable to the Malakand Protected Area or to similar other areas specified thereunder, it was clearly laid down in section 3 of the Regulation that the application of West Pakistan Urban Rent Restriction Ordinance was "subject to the modification that the expression "Urban Area" in the Ordinance shall mean such area as Government may by notification in the official Gazette declare to be an "Urban Area". This exception was created despite the fact that the term "Urban Area" already stood defined in section 2(j) of the Ordinance. Reading in this way, it becomes clear that when section 3 of Regulation I of 1973 laid down that it shall apply to an "Urban Area" it meant such area which was to be so specified by the Government, namely the Government of the North-West Frontier Province by the means of a notification issued there under. As no such notification was issued declaring the area where the property in dispute is situated as an Urban Area under Regulation I of 1973, therefore to argue that the West Pakistan Urban Rent Restriction Ordinance applied to cases in hand in the context as explained was not correct. (b) Constitution of…

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