Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant otherwise than . in accordance with law---Validity---Leave to appeal was granted to consider, whether the order of High Court and the facts and circumstances of the case required further probes as to the nature of the possession of the petitioners and the exemption of the plots by the Lahore Development Authority on which the petrol pump was situated and further as to whether in the circumstances of the case when the ejectment petition had been dismissed action could have been taken to seek ejectment of the petitioners otherwise than in accordance with law. (b) Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Alternate remedy, availability of--­Filing of Constitutional petition during pendency of civil suit ---Effect--­Where suits and appeal were pending decision between the parties before the Civil Court, bypassing the remedy provided under the plenary jurisdiction of the Civil Courts would not be justified---Supreme Court deprecated pressing into service the Constitutional jurisdiction of High Court---Constitutional petition could be tiled if an aggrieved person had no remedy under the statute against the order passed by the Tribunal---Parties, in the present case, were locked in civil litigation in three suits and one appeal and, therefore, invocation of the Constitutional jurisdiction was act which could not be justified. Ch. Mushtaq Ahmad Khan, Senior Advocate Supreme Court instructed by M.S. Khattak, Advocate-on-Record for Appellants. M. Rashid Ahmad, Advocate Supreme Court for Respondent-LDA. Gul Zarin Kiani and Mahfuz-ul-Haq, Advocates Supreme Court and Kh. Mushtaq Ahmad, Advocate-on-Record for Respondents Nos. 3 to 5 Muhammad Saleem Shahnaazi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No.7. Date of hearing: 29th November, 2000. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.---This appeal with the leave to the Court is directed against the order dated 2-10-1997 passed by a learned Judge in Chambers of the Lahore High Court in Writ Petition No. 11286 of 1996.…

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