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MIAN MUHAMMAD ZIA THROUGH GENERAL-ATTORNEY versus NAVID ABRAR


Section 17 (2) (i) Constitution of Pakistan (1973), Article 199 Constitutional application for payment of rent, default of tenant eviction, stay on eviction eviction proceedings, rent controller during trial The jurisdiction of the applicant was allowed to stop the eviction proceedings until the disposal of the suit for transfer-specific performance by the applicant was granted by the additional controller of the hire and withholding for processing by the tenants. It is said that the tenant controller's order was challenged by the landlords in the constitutional petition on the ground that there was no jurisdiction to entertain the application for additional rent controller action because the Cantonment Rent Restriction Act. , 1963, there was no provision that the controller's formal suspension / sale and sale agreement in the case of evacuation was not agreed to create any right in the property. The seller was unable to retake the challenged interlocutory order on the validity petition, where the law itself did not grant the right to appeal against certain orders, to obtain a similar objection. It cannot be challenged in any forum which was barred by law itself, if the constitutional application is allowed to appeal in cases where the appeal is exclusively prohibited, it will be subject to legal and unlawful clauses. The purpose would be to negate that the Additional Rental Controller does not have the option to suspend action in case of eviction Or went to, because a court or tribunal was granted the jurisdictional authority

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