Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(6)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment application dismissed as having been filed without obtaining permission of Custodian of Evacuee Property---Rent Controller's order was affirmed in appeal---High Court in Constitutional jurisdiction, advised petitioner to approach Supreme Court for clarification of its in Lakshmi Insurance Company's case reported as PLD 1968 SC 215---Leave to appeal---Appellant's contention was that it was the duty of High Court to decide the question raised before it in the case, question of law raised by petitioner in Constitutional petition challenged the legality of the orders passed by Rent Controller and Appellate Court--- -Held, contention raised on behalf of petitioner had force that High Court was fully competent to give its decision on the points raised, after examining pleas advanced before it--­Directing a party to approach Supreme Court for clarification of its previous was not permissible under law and it amounted to refusal to exercise its jurisdiction vested in it---High Court could also consider import of passed by Supreme Court in Lakshmi Insurance Company's case reported as PLD 1968 SC 215 and decide the case in accordance with law---Petition for leave to appeal was converted into appeal and allowed. Lakshmi Insurance Co. v. Nawa-i-Waqt Publications PLD 1968 SC 215 rel. ORDER ABDUL QADEER CHAUDURY, J.---The petitioner filed two ejectment applications against the tenant who was occupying two separate portions of the property in question. In the written statement, the relationship of landlord and tenant was denied. The learned Rent Controller directed the tenant to deposit the arrears of rent under section 13(6) of the Urban Rent Restriction Ordinance (hereinafter referred to as the Ordinance). The Rent Controller passed an order dated 9-9-1985 regarding ejectment of the respondent from the suit property for non-compliance with the order made under the Ordinance. 2. An appeal was filed by the respondent before the learned District Judge. The appeal was accepted by the learned District Judge on the ground that there did not exist the…

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