| Citation(s) |
|---|
| 1979 SLG 136 1979 SLD 136 1979 PLD 118 |
Quetta High Court
Civil Revision No. 12 of 1974, decided on 9th December 1978. Dates of hearing : 4th, 18th and 25th November 1978.
ZAKAULLAH LODHI, J
Mohd. Nawaz Ahmed for Appellants. Basharatullah for
Respondent. Advocate General on Court™s Notice.
Civil Revision No. 12 of 1974, decided on 9th December 1978. Dates of hearing : 4th, 18th and 25th November 1978.
ZAKAULLAH LODHI, J
Mohd. Nawaz Ahmed for Appellants. Basharatullah for
Respondent. Advocate General on Court™s Notice.
Haji Sheikh MERAJ UD DIN And ANOTHER ers
VS
Haji Seth ABDUL GHAFOOR RISHI --Respondent
Law:
Section:
(a) British Baluchistan Rent Regulation (II of 1945) S. 3 read with Agent to Governor General's Notification No. 2408. G/45, dated 3 4 1945 Regulation Extent of operation Loralai (except Dukhi Tahsil) forming part of tribal areas excluded from operation of Regulation before April 1945 yet, Regulation, held, operative in such area with effect from 3 4 1945. {Interpretation of statutes]. Sher Mohd. and 2 others v. The State P L D 1956 Lah. 1056 ref. (b) British Baluchistan Rent Regulation (II of 1945) S. 3(7) (8) (9) [as added by Regulation V of 1954] Regulation as originally framed neither making provision for appeal nor for revision against any order passed under same Provisions for reviews, appeals and revisions however made by insertion of subsections (7), (8) & (9) in cases of determination of standard rent and procedure prescribed under Civil Procedure Code (V of 1908), specifically made applicable to such remedies No provision for appeal, review or revision, however, made even at such stage in cases of eviction of tenants Civil Procedure Code (V of 1908. [Appeal (civil) Revision (civil) Review]. (c) British Baluchistan Rent Regulation (II of 1945) S. 3 [as amended by Regulation V of 1954] Right of appeal in cues, of eviction of tenants Not available under Regulation Interpretation of statutes Principles. [Interpretation of statutes Appeal (civil)]. However strange the position may seem but it is a fact that the law¬makers in Baluchistan tried to introduce peculiar systems of administration of justice best suited to their interest as colonial powers and it was done regardless of the fact that an aggrieved person was being deprived by them of a vested right in the form of appeal. It is pointless to discuss or criticise the policy of the law givers of this part for the Courts have to follow the course open to them within the framework of a law which is an existing and valid law, however harsh it may appear to be, for the Courts cannot Ad or subtract anything from it. All what can be done is that it should be so interpreted that it may become more and more beneficial to the public at large. Beyond that the Courts cannot proceed. Keeping these limitations…
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