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MUNAWAR KHAN versus MUHAMMAD HANIF


West Pakistan Citizens Rental Ordinance 1959 Section 13 (5B) Civil Procedure Code (V 1908), A XXIII, R 3 Constitution of Pakistan (1973), Arts 185 (3) and Tenant for 23 Shop Rebuild Removal Agreement Impact During the approval of the constitutional petition, the parties compromised the High Court requiring that the tenants have to vacate the landlord and the landlord when the landlord had to hand over the tenants within a specified period of time after the reconstruction. But the re-construction of the shop was not given to the tenants but according to the rented shop the alien tenant through the Controller Appellate Forum The petition was accepted and the High Court upheld the rent controller's order to the extent of providing possession to the tenants, which is a question as to Section 13 (5B), the Rent Restriction Ordinance, 1959, Constitution. Was in conflict with the rights conferred under Article 23 and the provisions of this ordinance were not taken before the Rent Controller, the Appellate Forum and the High Court for violation of the fundamental rights guaranteed by the Constitution. Other, the provisions of section 13 (5B) of the Ordinance do not appear to violate the relevant Article of the Constitution guaranteeing the record of fundamental rights Give them Indicates that the landlord in favor of the third person had implemented the due date, which would indicate that the landlord decided not to occupy the shop in connection with the landlord agreement before the completion of the renovation. Had done and under the orders of the High Court landlord restoring the landlord to the tenants after the reconstruction, therefore, it was subject to the terms of this agreement.

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