Case Details

Citation(s)
1996 SLG 1424 1996 SLD 1424 1996 PLD 711
Lahore High Court
Writ Petition No. 7272 of 1995, heard on 11th July, 1996.
IHSAN-UL-HAQ CHAUDHRY, J
Saleem Chaudhary for Petitioner. Nemo for
Respondent. Talat Farooq Sheikh for
Respondent

AMJAD ARIF er

VS

MUHAMMAD ASHRAF SHAGUFTA and another

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--­ ---- S..13 --- Civil Procedure Code (V of 1908), 0.111, RrA, 2., O..XXIII, R.3 & O.I, R. 10-- Contract Act (IX of 1872), S. 188 --- Constitution of Pakistan (1973), Art. 199 --- Consent order of ejectment passed by Rent Controller --- Authority of authorised agent --- Extent---Tenant (Company) who was being represented by its Direvtot filed appeal against consent order on the ground that Director had exceeded his authority in compromising with landlord and agreeing to order of ejectment --Appellate Authority remanded case to Rent Controller for decision on merits --- Validity --- Director of the Company who represented company in ejectment proceedings was competent to enter into compromise on behalf of company and his authority to act on behalf of such company was at no stage revoked --- Company was deemed to be liable for all acts done by its Directors even though not authorised by it provided such acts were within their apparent authority --- Company was also bound by acts of its agents, if it had actually authorised or what an agent . would normally had authority to do --- Rent Controller rightly proceeded to decide ejectment application on basis of compromise --- Respondents in ejectment application who had been impleaded unnecessarily, -their names were struck off from ejectment application--­ Ejectment order of Rent Controller on basis of compromise was restored while that of Appellate Authority remanding case to Rent Controller for decision on merits, was set aside in circumstances. Dehra Dun Mussorie Electric Trammway Co. Ltd. and another v Jagmandar Das and others AIR 1932 All. 141, P. V. Damondara Reddi and another v. Indian National Agencies, Ltd. AIR 1946 Mad. 35; Muhammad Azim v Pakistan Employees Cooperative Housing Society Ltd., Karachi and 4 others PLD 1985 Kar. 481; Sh. Dawood Ahmad v. District Judge, Lahore and others 1985 CLC 2658; Attiqullah v. Kafayatullah 1981 SCMR 162, Zak-auddin alias Billa v. Muhammad Ismail 1982 SCMR 1197(2); Muhammad AfzAl and 10 others v. Muhammad Afzal and another 1979 CLC 782; Muhammad Saced v. Province of West Pakistan PLD 1964 SC 572; Dr. Ansar…
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