| Citation(s) |
|---|
| 1993 SLG 312 1993 SLD 312 = 1993 PLD 192 |
Supreme Court of Pakistan
Civil Appeal No.12-P of 1991, decision dated: 15-12-1992.(On appeal from the judgment/order dated 4-4-1990 of thePeshawar High Court, Peshawar, passed in W.P. No.288 of1989).
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD MIAN, JJ
,Qazi Muhammad Anwar, Senior Advocate Supreme Court and Mian Shakirullah Jan, Advocate-on-Record No. 3.
Civil Appeal No.12-P of 1991, decision dated: 15-12-1992.(On appeal from the judgment/order dated 4-4-1990 of thePeshawar High Court, Peshawar, passed in W.P. No.288 of1989).
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD MIAN, JJ
,Qazi Muhammad Anwar, Senior Advocate Supreme Court and Mian Shakirullah Jan, Advocate-on-Record No. 3.
MUHAMMAD SIDDIQUE HAIDER QURESHI vsDISTRICT JUDGE, PESHAWAR and 2 others
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(2)
Law: Constitution of Pakistan, 1973
Section: 185(3) & 199
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(2) [as introduced by West Pakistan Urban Rent Restriction (N.-W.F.P. Amendment) Ordinance (XII of 1972), S.51 --- Constitution of Pakistan (1973), Arts. 185(3) & 199 --- Leave to appeal was granted to examine the question as to what was the full/exact connotation of first date of hearing in S.13(2), proviso, whether in the case there was abundant documentary record available to satisfy the Rent Controller that the tenant had been committing defaults in the past and making unauthorised deductions 'in paying the rent; and whether High Court could in Constitutional jurisdiction interfere with such a finding of the appellate Authority having jurisdiction in the matter.(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(2) [as introduced by West Pakistan Urban Rent Restriction [N.-W.F.P. Amendment) Ordinance (XII of 1972), S.51 --- Conduct of tenant showed that he had not only admitted his liability regarding the arrears of rent but exhibited his willingness to pay the amount through remitting the same toJUDGMENT WALI MUHAMMAD KHAN, J.---Muhammad Siddique Haidar Oureshi, appellant herein, through leave of the Court, has called in question the judgment dated 4-4-1990 passed by the Peshawar High Court, whereby the writ petition bearing No.288/89 filed by Aziz Mazhar Khan, respondent No.3, was accepted and the order of the learned District Judge, Peshawar dated 12-4-1989 ejecting the defendant/respondent from the suit premises, was set aside. The leave granting order is as follows:-- "Leave to appeal is granted to examine the following questions of law--- (i) What is the full/exact connotation of first date of hearing in proviso of section 13(2) of West Pakistan Urban Rent Restriction Ordinance, 1959 as introduced by N.-W.F.P. Amendment Ordinance, 1972? (ii). Whether there was abundant documentary record. available to satisfy the Controller that the tenant had been committing defaults in the past and making unauthorized deductions in paying the rent due? (iii) Whether the High Court could'in Constitutional jurisdiction interfere with such a finding of…