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Writ Petition No. 3395 of 1978 decided on 3rd July, 1979.

S. 24-Appeal-Jurisdiction--Jurisdiction to bear appeal under Act vested only in District Judge duly notified as appellate authority-Appeal decided by Additional District Judge, held, without jurisdiction-Case remanded to District Judge to decide appeal afresh according to law.-[Appeal (civil)-Jurisdiction].

Muhammad 1lyas Khan for Appellant.

Ashiq Hussain for Respondents

Date of hearing : 3rd July, 1979.

As against the order of the Rent Controller Rawalpindi Cantonment passed under section 17 of the Cantonment Rent Restriction Act of 1963 an appeal was filed by the respondent before the learned District Judge but it was heard and decided by Mr. Khizar Hayat Khan, Additional District Judge, Rawalpindi. On 1st of June 1978 by the impugned order (Annexure B') the learned Additional District Judge accepted the appeal, set aside the order of the Rent Controller and rejected the petitioner's application for ejectment. Hence this petition.

2. This petition is allowed since the learned Additional District Judge had no jurisdiction on the relevant date to bear the appeal under Cantonment Rent Restriction Act, 1.563. Such' section 24 of the Canton jurisdiction was vested only in the District Judge who was duly notified as an appellate. authority. Accordingly. the order Annexure 'B) is quashed and the matter is remanded to the learned District Judge, Rawalpindi to decide the appeal afresh according to law. The parties are left to bear their own costs.

M. A. K. Case remanded.

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