Case Details

Citation(s)
1986 SLG 597 1986 SLD 597 1986 SCMR 737
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 9/P of 1986, decided-on 22-01-1986. (On appeal from the judgment and order of the Peshawar High Court, dated 1-12-1985 in W.P. No. 264 of 1984).
MUHAMMAD AFZAL ZULLAH AND MIAN BURHANUDDIN KHAN, JJ

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UMRA KHAN

VS

SHIRIN BUHAR and others

Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959) read with PATA Regulation, 1975--Jurisdiction of Rent Controller--­Leave to appeal granted to consider inter alia points that in presence of PATH Regulation. 1975, Rent Controller had no jurisdiction under Ordinance (VI of 1959); that Ordinance (VI of 1959) ceased to have any effect after promulgation of PATA Regulation, particularly so when said Ordinance had not been in force by that date, and that mere appointment of Controller, issuance of Notification regarding area within tribal areas of Swat to which Ordinance was made applicable after 1975 Regulation have no effect. (b) Constitution of Pakistan (1973)----Art. 185(3)--Leave to appeal granted as leave was granted on similar points raised in other petitions--Orders issued to be heard together on present record at an early date. Abdul Samad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd January, 1986. JUDGMENT MIAN BURHANUDDIN KHAN, J.--Leave is sought on the ground…
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