Case Details

Citation(s)
1982 SLG 775 1982 SLD 775 1982 PLD 262
Lahore High Court
Writ Petition No. 429 of 1982, decided on 7th February, 1982
MUHAMMAD ILYAS, J
Syed Rashid Rahim for Petitioner

MUHAMMAD SIDDIQUEer

VS

Ch. FAZAL DIN AND 3 others--Respondents

Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)- -- S. 6 (2) read with General Clauses Act (X of 1897), S. 15-Appoint­ment of Additional Controller of Rents-Federal Government can appoint "a person" as Additional Controller of Rents even by virtue of office of such person-Appointment of Additional Executive Officer as Additional Controller of Rents under S. 6 (2)-Held, unexceptionable. Hafeez-ur-Rehman v. The Additional Rent Controller, Lahore Cantt. and 2 others 1981 C L C 185 ref. ORDER The dispute involved in this Constitutional petition relates to a residential building situated in the Lahore Cantonment area. Respondent No. 1, Ch. Fazal Din, hereinafter referred to as the respondent, made an application against the petitioner. Muhammad Siddique, for his ejectment from the said building. It was alleged by the respondent that the building in dispute was needed by him for himself and his family members. The application, which was resisted by the petitioner, was dismissed by Mr. Muhammad Awais, Additional Controller of Rents, Lahore Cantonment. hereinafter referred to as the Additional Rent Controller. The respondent, therefore, preferred an appeal against his order. The appeal was accepted by the District Judge, Lahore. It was held by the learned Appellate Authority that the disputed premises were genuinely needed by the respondent and, therefore, ho directed the petitioner to vacate these premises. Being dissatisfied with the order of the learned District Judge, the petitioner has filed this writ petition. 2. It was contended by learned counsel for the petitioner that the learned Additional Rent Controller had no jurisdiction to hear the petition on the basis whereof the impugned order has been passed by the learned District Judge. His argument was that Mr. Muhammad Awais was serving as Additional Executive Officer of Lahore Cantonment when, vide Notification No. S. R. O. 863(1 j/76, dated the 25th August, 1976 (copy Annexure "D"), the Federal Government had appointed the Additional Executive Officers of Lahore, Multan and Karachi Cantonments to be the Additional Rent Controllers for their respective Cantonments. It was sub­mitted by learned counsel for the…
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