| Citation(s) |
|---|
| 2004 SLG 1715 2004 SLD 1715 2004 CLC 89 |
Lahore High Court
Writ Petitions Nos.7361, 8976, 8977 and Civil Miscellaneous No. 901 of 2003, decision dated: 24-07-2003.
RUSTAM ALI MALIK, J
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Writ Petitions Nos.7361, 8976, 8977 and Civil Miscellaneous No. 901 of 2003, decision dated: 24-07-2003.
RUSTAM ALI MALIK, J
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Mian AMEER NASIR
VS
TAHIR GUJJAR, STATION HOUSE OFFICER and 3 others
Law:
Section:
(a) Defence Housing Authority Lahore Order (26 of 2002)---------Art. 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Aggrieved person---Authority sealed shop in possession of tenant, who was brother of petitioner---Prayer by petitioner for desealing such shop---Validity---Petitioner was not an aggrieved person, so far as sealing or desealing of such shop was concerned---Such prayer could not be granted in Constitutional petition filed by petitioner---Constitutional petition was not competent. (b) Defence Housing Authority Lahore Order (26 of 2002)----- ----Art. 19---Civil Procedure Code (V of 1908), O.I, R.10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Authority sealed shop in possession of tenant for using same in contravention of Defence Housing Authority Lahore Order, 2002---Application by landlady for impleading her as party to Constitutional petition filed by tenant seeking desealing of shop---Validity---Question of sealing or desealing of shop was a matter between tenant and Authority---Constitutional petition could be decided without impleading landlady as party---High Court -dismissed application. (c) Constitution of Pakistan (1973)--- -----Art. 199---Civil Procedure Code (V of 1908), S.9---Constitutional petition---Maintainability---Dispute about ownership of shop already-sub judice before Civil Court---Evidence would have to be recorded to decide such dispute, which exercise could not be undertaken while deciding Constitutional petition---Civil Court was proper forum for adjudicating such dispute---Matter already pending before Civil Court between parties could not be agitated before High Court through Constitutional petition High Court in exercise of Constitutional jurisdiction would not transgress upon jurisdiction of Civil Court, where matter was already pending--Such Constitutional petition was not competent. (d) Defence Housing Authority Lahore Order (26 of 2002)----- ----Art. 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Authority sealed the shop in possession of petitioner-tenant for using same in contravention of Defence Housing Authority Lahore Order,…
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