Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ---- S. 13 Contention that cause of action having not matured petition incompetent on day of its being filed and Rent Controller possessed no jurisdiction to proceed with case Petitioner having failed to satisfy that in case of ejectment petition being withdrawn and refiled, results could be different Petition dismissed, in circumstances Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30. Mst. Amina Begum and others v. Mehar Ghulam Dastgir PLD 1978 S C 220; Manzoor Ahmad Khan v. Syed Maqsood Ali PLD 1975 Lah. 1521; Abdur Rashid v. Jamal Din and others PLD 1967 Pesh. 256 and Muhammad Shaft v. Abdul Hayee PLD 1965 Lah. 681 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. The petitioners have called in question the order dated 21st May, 1979 of the Lahore High Court whereby their 2nd appeal in a rent matter was dismissed in limine. The respondents moved for the ejectment of the petitioners from a property which was the subject matter of transfer under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The petitioners were served with notice under section 30 of the Act on 29th July 1974; but before the expiry of 3 months statutory period allowed to the tenants petitioners, the respondents filed the ejectment petition on 10th September, 1974. It was pleaded before the learned Rent Controller as also in the appellate Courts that the cause of action not having matured the petition was incompetent on the day it was filed and the learned Rent Controller had no jurisdiction to proceed with the trial thereof. This plea was rejected by the High Court reliance was placed on Mst. Amina Begum and others v. Mehar Ghulam Dastgir (P L D 1978 S C 220) and Manzoor Ahmad Khan v. Syed Maqsood Ali (P L D 1975 Lab, 1521). Learned counsel has repeated the same contention as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492