| Citation(s) |
|---|
| 1992 SLG 457 1992 SLD 457 1992 CLC 303 |
Lahore High Court
Writ Petition No.6197 of 1991, heard on 28-07-1991
MUNIR A. SHEIKH, J
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Writ Petition No.6197 of 1991, heard on 28-07-1991
MUNIR A. SHEIKH, J
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MUHAMMAD HUSSAIN and others
VS
MUHAMMAD SHAM
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss.10 & 11---Ejectment application---Transfer orders passed by Settlement Authorities---Legality and validity of transfer orders passed by Settlement Authorities could not be questioned and gone into during ejectment proceedings. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Civil Procedure Code (V of 1908), O.1, R.3---Landlord being owner of building, instead of filing separate ejectment petition against each of the occupant, filing one ejectment petition by joining all the occupants of property--Such course was not prohibited altogether---Rent Controller, however, could order separate trials---Where no order for separate trial had been passed by Rent Controller, in his discretion, no objection could be raised by tenants when no prejudice was shown to have been caused to them on that account. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- - ----S. 30---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Preamble---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Non-serving of notice under S.30, Displaced Persons (Compensation and Rehabilitation) Act 1958---Effect---After repeal of Settlement laws in 1975 by Act XIV of 1975, no notice was necessary before filing ejectment application ---Ejectment application itself could be construed to be a notice to tenant. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Civil Procedure Code (V of 1908), O.I, R.3---Landlord owning one building joining all the tenants in occupation of such building in one ejectment application---No issue having been got framed by the tenants on the point of multifariousness, such plea would be deemed to have been abandoned. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of ---Ejectment of tenants ordered by forums below---No case had been made out for interference in constitutional jurisdiction as…
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