| Citation(s) |
|---|
| 1993 SLG 1146 1993 SLD 1146 1993 PLD 277 |
Lahore High Court
Civil Revision No-597/BWP and W.P. No. 12 of 1989
MIAN ALLAH NAWAZ, J
M. Shamsher Iqbal Chughtai for Petitioner. Ch. Naseer Ahmed for
Respondent No. 1. M. Sultan Wattoo for
Respondents Nos.2 and 3
Civil Revision No-597/BWP and W.P. No. 12 of 1989
MIAN ALLAH NAWAZ, J
M. Shamsher Iqbal Chughtai for Petitioner. Ch. Naseer Ahmed for
Respondent No. 1. M. Sultan Wattoo for
Respondents Nos.2 and 3
ISLAMIC REPUBLIC OF PAKISTAN, through General Manager, I Pakistan Railways, Lahore
VS
Mst. RASHEED AKHTAR and 2 others--Respondents
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---- Preamble, Ss. 13, 15, 16 & 17 --- Civil Procedure Code (V of 1.908), 0", R.58 --Object and scope of Ordinance --- Matters relating to execution, discharge or any objection to orders passed by Rent Controller/Appellate Authority are not questionable before Civil Court --- Ordinance is self-contained statute dealing with controversies/disputes arising out of tenancies with regard to premises situated within urban limits --- Matters relating to execution of orders passed by Rent Controller can be questioned and adjudicated before executing Court under OXXI, C.P.C. Eviction order passed by the Rent Controller under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 when affirmed by the appellate authority become final and is not questionable before the Civil Court in view of finality attached to it under section 15 read with section 16 of the said Ordinance. Ordinance is self-contained statute dealing with the controversies/disputes arising out of tenancies with regard to premises situated within the urban limits. The object .of the Ordinance is to provide quick and expedient machinery for determination of these disputes in order to keep calm and tranquillity within the urban limits. The orders passed by the Rent Controller under section 13 excepting order mentioned under section 15 have been made appealable under section 15 of the Ordinance. The orders made under sections 13 and 15 have been made executable before the Rent Controller under section 17 of the Ordinance. Matters ' relating to execution, discharge or any objection to orders passed by the Rent Controller/appellate authority, can be questioned and adjudicated before the executing Court under Order XXI, C.P.C. but not otherwise.- (b) Constitution of Pakistan (1973)-- ---- Art. 199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13 --- Object of Constitutional jurisdiction --- Constitutional jurisdiction is not designed to help those people who come to Court with unclean conduct, with suppression of material facts and zigzag motive --- Hall-mark of Constitutional jurisdiction explained. The…
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