Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15(6)---Constitution of Pakistan (1973), Art.199---Order of eviction of tenant from shop---Appellate Authority set aside such eviction order---Non-filing of second appeal by landlord and instead filing of constitutional petition after expiry of limitation period prescribed for filing second appeal---Validity---Party had no discretion to ignore provisions of appeal and file constitutional petition instead thereof--Impugned order was not a void order, thus, no special circumstances existed to warrant exercise of constitutional jurisdiction in such matter---High Court dismissed constitutional petition being incompetent and non-maintainable. Government of the Punjab through Collector, Faisalabad and another v. Hudabia Textiles Mills, Faisalabad through Chairman and 4 others 2001 SCMR 209 and Farzand Raza Naqvi and 5 others v. Muhammad Din through Legal Heirs and others 2004 SCMR 400 ref. Syed Match Company Ltd. through Managing Director v. Authority under Payment of Wages Act and others 2003 SCMR 1493 fol. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment proceedings---Ex parte proceedings against tenant---Service of tenant through publication in newspaper for 28-10-2004 was ordered by Rent Controller on 8-10-2004---Proclamation was published on 28-10-2004, but no ex parte order was passed on such date---Proclamation was again ordered to be effected for 9-11-2004, but no proclamation was effected for such date---Rent Controller on 10-11-2004 proceeded ex parte against tenant on basis of proclamation dated 28-10-2004---Validity---No proclamation had been made either for 9-11-2004 or for 10-11-2004, thus, on 10-11-2004, no ex parts order could be passed---Rent Controller on basis of' proclamation dated 28-10-2004 could not pass ex parte order against tenant---Impugned order was set aside in circumstances. Irfan Sheikh for Petitioner. Mirza Hafeez-ur-Rehman for Respondents. ORDER MIAN HAMID FAROOQ, J.---The petitioner instituted the ejectment petition seeking the eviction of the respondent from Shop No.21, before the learned Rent Controller, Lahore on the…

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