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S. MOHAMMAD ILYAS & SONS LTD. versus ABU AHMAD KHAN


A. XXIII, r 3 and the West Pakistan Civil Rent Restriction Ordinance (VI of 1959), before the Appellate Court, the applicants have to compromise Section 15 that the parties have been compromised and the rent of premises has increased and thus the respondent The business applicant, who has agreed to withdraw, also applied for permission to present evidence to prove the settlement, in which the defendants briefly withheld such appeal by the appellate court. Was that in the matter of the case there was no result in any case outside the court, the question is whether the parties No compromise between air or not. After a thorough investigation by evidence, it is decided that the rejection of such applications is not appropriate in the short run.

1981 C L C 1257

[Lahore]

Before Muhammad Hasan Sindher, J

MESSRS S. MOHAMMAD ILYAS & SONS LTD., LAHORE‑Petitioner

versus

ABU AHMAD KHAN AND 2 others‑Respondents

Writ Petition No. 11848 of 1980, decided on 22nd January 1981.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑---‑

---------S. 15(7) and Constitution of Pakistan (1973), Art. 199‑Words and phrases‑Words or otherwise' in subsection (7) of section 15, scope of‑Contention that subsection (7) constitutes a complete bar against ‑say proceedings whatever in High Court to call in question, order of Rent Controller, including proceedings in writ petition, held, has no force‑High Court can interfere with findings of Tribunal of exclusive jurisdiction within limits outlined in Art. 199‑Power granted by Constitution can be taken away only by amendment of Constitu tion.‑[Word and phrases].

(b) Civil Procedure Code (V of 1908)‑--------

------O. XXIII, r. 3 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15‑Compromise out of Court‑Petitioner making application before appellate Court that there had been a compromise between parties and rent of premises increased and as such respondent agreed to withdraw proceedings‑Petitioner also applying for per mission to produce evidence to prove compromise which respondent denied‑‑Appellate Court rejecting such application summarily holding that compromise between pasties outside Court of no consequence in circumstances of case‑‑Meld, question whether or not there had been a compromise between parties, had to be decided after a regular enquiry by taking evidence‑Rejection of such applications summarily not proper‑Case remanded in circumstances of case.

Mien Israr‑ul‑Haq for Petitioner.

Ch. Inayat Hussain for Respondents.

Date of hearing : 21st January 1981.

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