Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art.185(3)--Ejectment of tenant--parties agreed during pendency of ejectment application, that matter be referred to a named referee whose decision they agreed to accept--Rent Controller on basis of such referee's finding ordered tenant's ejectment--Appellate Court on tenant's appeal, remanded case to Rent Controller with direction that referee be asked to make a fresh report in the light of pleas raised by parties--Rent Controller on basis of detailed report of referee, again allowed ejectment application--Tenant despite having agreed to be bound by the finding of referee challenged ejectment order but his appeal was dismissed as also his Constitutional petition against ejectment--High Court's finding that case was not fit one for exercise of its Constitutional jurisdiction because tenant had categorically stated before Rent Controller and subsequently barer Appellate Court that he would be bound by the report of the referee and would not raise any objection against it, and thus its refusal to exercise its discretion to interfere and dismissal of Constitutional petition did not suffer from any error and a just and fair disposal of the matter had been effected--Petition being devoid of merit, leave to appeal refused. Syed Sajjad Raza Jaferi, Advocate Supreme Court and Syed Abul Assim Jaferi, Advocate-on-Record (absent) for Petitioner. "M. Bilal. Advocate Supreme Court and Manzoor Elahi, Advocate-on­Record for Respondent No.l. Date of hearing: 5th March, 1989. ORDER NASIM 14ASAN SHAH, J.--This petition for leave to appeal is directed , against the judgment dated 29-10-1988 passed in Writ Petition No.361 of ,988/BWP. The petitioner is occupying a shop in Ittehad Chauk, Liaquatpur. Respondent No.2 filed an application for the ejectment of the petitioner alongwith one Muhammad Yunus. The latter did not oppose the same and was proceeded ex parte. During the pendency of the ejectment application the parties agreed that the matter may be referred to Ch. Masood Ahmad, as a referee, whose decision they agreed to accept. The said referee thereafter found in favour of…

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