Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--------(. 13(2) (i) & (6)---Constitution of Pakistan (1973), Art.185(3)---New plea--Admissibility---Legal objection relatable to the interpretation of the provisions of S.13 was dependant on the nature of the tenancy which would be available ,only in case of oral tenancy---Objection with regard to the nature of tenancy had been raised for the first time before Supreme Court at the hearing of petition for leave to appeal and was not at all raised in the written statement in reply to application under S.13(6), nor before the Rent Controller, Additional District Judge and the High Court---Not only that the said objection had not been raised even in petition for leave to appeal---Held, since it was not a pure legal objection, but was based on the proof of the factum of the tenancy being oral one, the petitioner could not and should not be permitted to raise such objection for the first time before Supreme Court. (b) Constitution of Pakistan (1973)-.. ----Art. 185(3)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13---Petition for leave to appeal---Grant of relief ---Principles--­ Jurisdiction of Supreme Court for granting relief to petitioner or to extend the time given by Rent Controller or the lower Courts for doing of something depends upon the grant of leave to appeal---Supreme Court cannot make any, modification in the order of the lower Courts to give any relief to the petitioner without first granting leave to appeal as it will not be proper to dismiss the petition for leave to appeal and simultaneously pass order detrimental to the interest of the opposite-party without hearing him. ORDER MUHAMMAD MUNIR KHAN, J: --This petition directed against the order dated 15-3-1995 of the Lahore High Court, Lahore arises from the facts that on 10-3-1991 Mst. Walayat Begum respondent filed an application for eviction of Rauf Ahmed petitioner from House No.6, Ibrahim Street, Dhani Ram Road, New Anarkali, Lahore (Property No.S-II-7-S-6/2) on the ground of default in payment of rent and bona fide requirement for use of her son Muhammad Fayyaz, before the Rent Controller, Lahore, who, on…

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