Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(5-B)---Civil Procedure Code (V of 1908), O.XXIII, R.3---Constitution of Pakistan (1973), Arts. 185(3) & 23---Ejectment of tenant for reconstruction of shop---Compromise---Effect ---Parties during pendency of Constitutional petition before High Court compromised whereby tenants were to vacate premises and landlord after reconstruction was required to hand over possession of shop to tenants within specified period---Landlord after re-construction of shop did not deliver possession to tenants but rented out said shop to stranger--­Tenant's application for delivery of possession was accepted by Rent Controller---Appellate forum and High Court maintained order of Rent Controller to the extent of delivery of possession to tenants---Validity---Tenants' assertion that question that provisions of S.13(5-B), Rent Restriction Ordinance, 1959, being inconsistent with rights conferred by Art. 23 of the Constitution and that provisions of said Ordinance being violative of Fundamental Rights guaranteed by the Constitution were not raised before Rent Controller, Appellate Forum and High Court---Even otherwise, provisions of S. 13(5-B) of the Ordinance did not appear to be violative of relevant Articles of Constitution guaranteeing Fundamental Rights---Record indicated that rent deed in favour of third person was executed by landlord on specified date which would show that even before completion of reconstruction landlord had decided not to deliver possession of shop to tenants in terms of compromise and under orders of High Court---Landlord had undertaken to restore possession of shop to tenants after reconstruction, therefore, he could not be allowed to resile from terms of compromise on basis whereof he had obtained possession of premises in question, from tenants---Orders passed by High Court as also by Appellate Forum being just and fair, leave to appeal was refused. Syed Misbahul Hasan Abdi instructed by S. Inayat Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 31st October, 1995. ORDER MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal directed against…

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