Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(6),13A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)--­ ----Art. 199---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(6)---Constitutional jurisdiction, exercise of---High Court while exercising its constitutional jurisdiction would be loath to interfere in disputed questions of fact---Where Rent Controller had fixed only tentative rent and tenant was not without any remedy as he could have deposited tentative rent in Court, for there was direction that same should not be paid to either party before final determination of the case---Rent Controller would have passed the final order in the light of evidence adduced before him---Findings of fact arrived at by Courts below could neither be termed as coram non judice nor they could be deemed so be without jurisdiction---Orders of Courts below were unassailable before High Court in its Constitutional jurisdiction for being neither without jurisdiction nor suffering from any legal defect. Shah Muhammad and another v. Muhammad Rafiq and 3 others PLD 1990 Lah. 76; PLD 1983 Lah, 574; PLD 1961 Lah. 410: 1974 SCMR 504; 1981 SCMR 713; PLD 1982 SC 413 and PLD 192 SC 691 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI) of 1959)--- ----S.13(6)---Constitution of Pakistan (1973), Art. 199---Tentative fixation of rent by Rent Controller by placing reliance upon two rent agreements placed before him, could not be termed either fanciful or based on no evidence---High Court while exercising its jurisdiction under the Constitution would not disturb finding of fact recorded by Tribunal of special jurisdiction in respect of matters exclusively within its competence. Mahmooda Begum v. Taj Din 1992 SCMR 809; PLD 1982 SCMR 413 and PLD 1991 SC 691 rel. JUDGMENT This Constitutional petition is directed against the order dated 3-11-1991 of respondent No.2, viz. Rent Controller, Gujranwala, whereby he struck off the defence of the petitioner for non-compliance of order dated 30-9-1991, under section 13(6) of the Punjab Urban Rent Restriction Ordinance, 1959 (VI of 1959) (hereinafter referred to as the Ordinance), and directed the petitioner to vacate the disputed shop within fifteen days and also against the order dated…

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