Case Details

Citation(s)
1983 SLG 364 1983 SLD 364 1983 PLD 21
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-66 of 1982, decision dated: 5-10-1982. (On appeal from the judgment and Order dated 28-1-1982 of the High Court of Sind, Karachi, in Constitutional Petition No. D-1097 of 1980)
ASLARN RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Osman Ghani Rashid, Advocate Supreme Court with V. A. Kidwai, Advocate-on-Record. Hafiz Memon, Advocate Supreme Court.

ABDUR REHMAN

VS

Haji MIR AHMAD KHAN AND another

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13-Eviction-Language of agreement between parties supporting concurrent findings of lower Courts as to agreement being one of tenancy-Other agreement purporting to have been executed subsequently attacked on ground of fraud and forgery and therefore kept out of consideration by petitioner's counsel when arguing case in High Court Decision on question of relationship of landlord and tenant and maintainability of eviction application in circumstances, held, does not suffer from any serious infirmity so as to justify interference by Supreme Court-Constitution of Pakistan (1973), Art. 185(3). (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13 and Sind Rented Premises Ordinance (XVII of 1979), S. 27(3)-Hotels-Eviction proceedings-High Court's interpretation as to Ordinance XVII of 1979 being prospective ' with regard to filing of eviction application regarding a hotel and eviction application having been filed under old Ordinance of 1959 proceedings bad to be continued to its logical ends notwithstanding new law having kept hotels out of its purview but disposal of such applications to be proceeded with in manner provided in law, held, correct.-[Interpretation of statutes]. (c) Constitution of Pakistan (1973)- Art. 199-Writ-Constitutional jurisdiction of High Court, held, could be exercised only on proof of non-availability of adequate remedy.-[Writ]. (d) Constitution of Pakistan (1973)- Art. 199 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13(6) & 15-Writ--Appeal-Piecemeal decisions on pleas of jurisdictional nature and similar matters-Not permissible, notwithstanding case being an appeal case or one praying for writ.-[Writ-Appeal (civil)]. Ibrahim v: Muhammad Hussain P L D 1975 S C 457 ; Muhammad Saeed v. Mst. Saratul Fatima P L D 1978 Lab. 1459 ; M. A. Asghar's case P L D 1978 S C 185 ; Mrs. Feroze Aslam v: Muhammad Akhtar P L D 1978 Lab. 488 ; Khushi Muhammad v. Khadeja Hakeem P L D 1976 Lab. 99 ; Rashid Ahmad v. Soofd Muhammad Saleem P L D 1976 Lab. 1450 ; Amanullah v. Mukhtar Ahmad Khokhar 1979 C L C 199 ; Malik Rehmatullah v. Sh.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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