Law:

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Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983) Art. 9Constitution of Pakistan 11973), Art.185(3)Order passed by OmbudsmanEffect ofAuthorities were directed by Provincial Ombudsman to pay rent to the -Respondent whose property was under the use of the Authorities and failure would make the Authorities liable to be evictedSuch order of the Ombudsman was upheld by High Court­Contention of the Authorities was that the proceedings before the Ombudsman relating to eviction and even direction for payment of arrears of rent were misconceived and the order was void ab initio and of no legal effectValidityLeave to appeal was granted by Supreme Court to consider the contention raised by the Authorities. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J. The -Petitioner herein was -Respondent before High Court. -Respondent KhalilurRehman Khan's wife had let out a part of the demised premises to one Pakistan Progressive Education Society on a monthly rent of Rs.1,700 for running a school. Consequent upon promulgation of M.L.R. 118 in 1972, the entire building i.e. the part let out for running the school as well as the remaining portion in occupation of its owner, which was being used as residence, was taken over by the Education Department of the -Petitioner. The -Respondent approached High Court through C.P. No.D1346 of 1974 and a learned D.B. vide judgment dated 12101988, held that only the management of school could be taken over under M.L.R. 118 and the demised premises continued to remain property of the -Respondent. Since no rent was paid, the -Respondent filed an eviction application before Rent Controller, but the same was dismissed as premises of the schools and…

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