Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 1, 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 1 & 13-Ordinance applicable only to properties situated within urban areas-Moment area is declared rural, Ordinance will cease to apply and jurisdiction of Controller vis-a-vis property situated in such area would terminate-Controller ceases to have jurisdiction over pending cases in respect of such property. It is clear from the provision of section 1 that this Ordinance, is applicable only to properties situated within an urban area. The statute will, therefore, apply to a property only for so long as it is situated in an urban area. The moment the property is declared as a part of the rural area, section 4 of the Civil Procedure Code as well as the above Ordinance will cease to apply and the jurisdiction of the Rent Controller vis-a-vis such property will terminate. On no principle of law the Rent Controller can continue to exercise jurisdiction over cases about such property pending before him. E. M. Dean v. Mir Zaman P L D 1960 Kar. 962 distinguished. (b) West Pakistan General Clauses Act (VI of 1956) S. 4-Repeal-Granting exemption to certain areas from operation of an Act by issuing notification-Not repeal of Act. The granting of an exemption to certain areas from the operation of an Act by issuing a notification is not, and cannot be, equivalent to a repeal of the Act. Repeal implies obliteration of the statute while exemption merely implies suspension of the statute for the time being. The statute remains on the statute book, a result which is unknown to repeal except for things suffered or done thereunder. Bishen Singh v. Ganda Singh and others 10 P R 1913 ; Mst. Bibi Jan and others v. Miss R. A. Monny P L D 1961 S C 69 ; Messrs Bhikusa v. Sanganner A. T. B. K. Union A 1 R 1960 Bom. 299 ; Parma Nand v. Kalyan Doss and another A I R 1959 Pb. 610; Sadhu Singh v. District Board, Gurdaspur A I R 1862 Pb. 204 and jyotish Prokas v. Bagla Kanta A I R 1922 Cal. 274 ref. (c) Jurisdiction  Doctrine that state of things existing at time of institution of suit determines jurisdiction-Has no application where question is one of jurisdiction over subject-matter. The doctrine that the state of…