Case Details

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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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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