Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 371 of 1967, decided on 5th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 9th June 1967, in Second Appeal No. 34 of 1966).
, S. I5‑Weather High Court in second appeal against order of Rent Controller exercised discretion in accordance with judicial principle and whether order passed by Single judge being appeasable to Letters Patent Bench‑‑Special Leave to Appeal direct to Supreme Court not competent‑Special Leave to Appeal granted by Supreme Court to consider question.
Iftikharul Haq Khan, Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Petitioner.
M. A. Zullah, Senior Advocate Supreme Court (Khawaja Shaukat Ali, Advocate Supreme Court with him) instructed by Fazle‑i‑Hussain, Attorney for Respondent.
Date of hearing : 5th October 1967.
‑A point of law arises in this case, viz. whether in second appeal against an order of a ‑ Rent Controller made in a petition for ejectment of a tenant, the High Court has exercised discretion in accordance with judicial principle, in reduc ing to Rs. 20 per month, the rent of the property in question, which had been claimed at Rs. 120 per month by the landlord, had been fixed at Rs. 80 per month by the Rent Controller (tentatively, but it became permanent due to subsequent default of compliance by the tenant) and had been reduced to Rs. 50 per month in appeal by a District Judge.
There are objections raised to the grant of leave, on behalf of the landlord. viz. :----
(1) that by the force of section 30, Displaced Persons (Compensation and Rehabilitation) Act, the terms and condi tions prior to transfer, are unsuitable and
(2) the order against which leave to appeal is sought being by a single Judge, an appeal was competent within the High Court; under the Letters Patent.
These are also questions of law, requiring decision. We grant leave to appeal as prayed. Security Rs: 1,000. Costs of this petition will be costs in the appeal.
Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer