Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Constitution of Pakistan (1973) Art. 185(3)-Special leave to appeal granted to consider a question of general public importance but one of respondents in meantime filing writ petition in High Court for quashing proceedings before lower Tribunal and High Court staying such proceedings-Effect of interim order passed by High Court respondent=s title not currently under adjudication by lower tribunal-Petition dismissed. (b) Civil Procedure Code (V of 1908)  S. 10 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-Whether Civil Procedure Code, 1908, S. 10 applicable to proceeding under Ordinance VI of 1959 [Quaere]. Date of hearing : 17th April 1974.                                                                                                                                 JUDGMENT MUMAMMAD YAQUB ALI, J.----Respondent No. 3 is the transferee under the Displaced Persons (Compensation and Rehabilitation) Act of a shop situated in Khushab, District Sargodha. The appellants are in possession of the shop and statutory tenants under respondent No. 3. On 5-11-1971 respondent No. 3 filed an application under section 13 of the West Pakistan Rent Restriction Ordinance, 1959 for eviction of the appellants on the ground of non-payment of rent in spite of service of notice under section 30 of the said Act. The transfer in favour of respondent No. 3 had been earlier challenged by the Chairman of the Evacuee Trust Property District Committee, before the Settlement Commissioner on the ground that the shop was trust property. On 4-6-1969 the Settlement Commissioner passed an order staying recovery of rent of the shop and its further transfer by respondent No. 3. In view of the pendency of the proceedings before the Settlement Commissioner and the stay order passed by him the Rent Controller did not proceed with the trial of the application for…