Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13(2)(vi)--Ejectment--Ground of reconstruction--Building plan approved by competent authority--Order of ejectment confirmed by High Court and attained finality--Subsequently, Building Control Authority issued notification suspending approval of those building plans wherein no agreement between landlord and tenants for alternate accommodation or compensation was submitted--Tenant in execution proceedings sought protection of notification--Objection overruled on ground that eviction order having attained finality, subsequent Regulation does not, in any way, render order of eviction inexecutable--Regylations cannot be given retrospective operation so as to take away finality of adjudication made by competent Courts or authorities under which vested rights have accrued. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-----S. 13--Sind Building Control Ordinance (V of 1979), S. 21--Karachi Building Control Authority Notification, dated 7-4-1984--Interpretation-­Past and closed transaction--Subsequent legislation--Effect of--Ejectment order having attained finality--Regulation promulgated subsequently could not be given retrospective operation so as to take away finality of adjudication made by competent Court or authorities under which vested rights had accrued. Suleman Kassam, Advocate Supreme Court and Abdul Aziz Dastgir, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 18th June, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioners being tenants of the respondent were ordered to be evicted from the disputed premises by the Rent Controller on the ground that respondent (landlady) required the premises for reconstruction /erection of a new building at the site. Petitioners appeal against the order of eviction was dismissed with the modification that the petitioners would be entitled to the benefit of reinduction as provided by section 13(5-B) of the Sind Urban Rent Restriction Ordinance, 1959. 2. On an execution filed by the landlady the tenants objected to the execution of the order of eviction on the ground that under the public Notification, dated 7th…

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