Case Details

Citation(s)
1979 SLG 92 1979 SLD 92 1979 PLD 19
Peshawar High Court
First Appeal from Order No. 7-A of 1977, decided on 7th October 1978. Date of hearing: 7th October 1978.
ABDUL HAKEEM KHAN, C, J
Muhammad Latif for Appellant. Fazal Elahi Khan for
Respondent.

Mst. GHULAM FATIMA---Appellant

VS

HAJI AHMAD--Respondent

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- -- S. 15(1), (4) read with Ss. 4, 10 12 & 13-Appeal-Right of appeal creation of statute-Right of appeal having been specifically restricted in Ordinance to orders made under Ss. 4, 10, 12 & 13 -Rent Con¬troller's order refusing to restore rent control proceedings consigned to record room sine die till decision of civil suit between parties, held, not appealable to High Court. Haji Ghulam Muhammad and another v. Ali Siraj P L D 1964 Lab. 15; Muhammad Sulaiman v. Azizuddin and another P L D 1971 Kar. 1 and Abdul Salam v. Sharif Ahmed and another 1971 S C M R 596 ref. JUDGMENT Feeling aggrieved by the refusal of the learned Rent Controller to restore the rent control proceedings which were consigned to the record room sine die till the decision of a civil suit between the parties Mst. Ghulam Fatima has moved the present appeal. The order of the Rent Controller is dated 31-5-1977. 2. The appeal was admitted by a. learned Judge of this Court when his attention was invited to Haji Ghulam Muhammad and another v. Ali Siraj (P L D 1964 Lab. 15) but a preliminary objection has been taken by the learned counsel for the respondent that the appeal does not lie. The learned counsel for the respondent relies heavily on Muhammad Sulaiman v. Azizuddin and another (P L D 1971 Kar. 1) and Abdul Salam…
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